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Antiquated law leaves father without daughter

On Behalf of | Feb 14, 2012 | Child Custody

A father from a state next door to Ohio is hoping to have an antiquated law altered so that he may see his daughter again. He has not seen her in three years and she is about to become 6 years old. The girl previously lived with her mother in Ohio, but since her mother and stepfather were implicated in a drug crime, the parenting skills of the duo have been questioned.

According to a 1956 child custody law, any child born to a married woman is assumed to belong to the husband. This legal stance has prevented the father from claiming any parental rights, even though he has proven through paternity tests to be the girl’s father.

But his daughter was conceived while the mother was married to another man. The girl’s biological father says that he believed the marriage was over, but the couple reconciled.

This has left the biological father in a difficult position.

Currently, the mother’s husband is in an Ohio prison due to allegations of drug trafficking, and the mother was found to be associated with the supposed crimes. The girl is currently living in another state with her mother.

Though criminal accusations have been heard against the girl’s legal father and her biological mother, it has not helped her biological father in any way.

Fortunately, the Michigan Senate has already approved a bill that would give a judge discretion to consider changing custody in a situation such as this. The father is confident that the legislation will move forward this year, allowing him to see his daughter again some time in the future.

Source: Click On Detroit, “Michigan father fights law to gain custody of daughter,” Roger Weber, Jan. 30, 2012

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