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Sometimes legislation is made to protect vulnerable people, such as children. These laws are often written with the best of intent, but as societal interactions and science develop, laws can become quickly outdated and have an adverse effect on those they are intended to protect.
One Michigan father is now fighting for custody of his biological daughter, but is struggling to regain custody that he lost when the girl’s mother left the man to reconcile with her estranged husband. A law dating back to 1956 seems to allow a non-biological father to take custody of a child if they are married to the child’s mother and claim responsibility for the child.
The man lost his daughter when the mother left him without warning and left the state. He hasn’t seen his daughter since May 2008. Currently, the man is waiting for a law to pass through the Michigan legislature that would give consideration to biological fathers in custody issues, no matter who the mother was married to when the child was born.
To make matters worse, the girl’s biological father has discovered that the mother’s husband has is serving a prison sentence for child neglect and drug trafficking. Although this case is extreme, it demonstrates that the legislative process can sometimes have unintended consequences on people who want the best for their families.
People facing custody battles might be wise to seek the help of a family law attorney. They can help inform you of current laws and help you take action in the best interest of the child.
Source: Patch.com, “A Father’s Promise Propels Changes to Old Law,” Tatum L. Ryan, Jan. 19, 2012