Michigan Paternity Rights Debacle UPDATED

By on 2-01-2012 in Father's Rights, Michigan

Michigan Paternity Rights Debacle UPDATED

A Hartland man is fighting to change a 1956 Michigan law which he says prevents him from seeing his biological daughter.

Daniel Quinn hasn’t seen his daughter Maeleigh for three years. She turns six in March.
“The Paternity Act states that if a child is conceived during a marriage the child is automatically presumed to be a product of that marriage,” said Quinn.


DNA testing proves Quinn is the father, but Maeleigh was conceived while her mother Candace Beckwith was married to another man. Quinn says he thought that marriage was over, but Beckwith later reconciled with her husband.

Adam Beckwith is now in an Ohio prison for drug trafficking. The mother was also implicated, according to court documents obtained by Quinn. Still, says Quinn, “I have no standing whatsoever to even claim paternity rights for my daughter.”

The girl is now living with Candace Beckwith in Kentucky. The woman was unavailable for comment.

“This law that was supposed to make sure that a child born out of wedlock had a father in their life has literally stripped her of any father in her life,” Quinn said.

The Michigan Senate has unanimously passed a bill that would allow a judge in cases like this to give consideration to the biological father. Quinn is confident the House will approve the bill this year.

Meanwhile, said Quinn, “It’s the equivalent of having a death in the family that is never closed. You never have that time to grieve, you never have that time to mourn because she’s still out there.”

The video at the following link  says that Daniel was there at her birth and cut the umbilical cord and hasn’t seen her for the past three years. He does have toys that were hers as shown in the video, presumably when she lived with him or visited him.
Michigan father fights law to gain custody of daughter
[Click on Detroit 1/30/12 by RogerWeber]

REFORM Puzzle Piece
We hope the new law does pass and these type of cases are given extra considerations.

Update: Last week “[t]he Michigan Legislature has sent Gov. Rick Snyder bills that would give biological fathers some rights to their children, even if the mothers were married to other men at the time of a child’s birth.”

“Lawmakers last week passed measures extending rights to biological fathers, and the proposals are awaiting Snyder’s signature. A phone message about the governor’s intentions on the bills was left with a spokeswoman Sunday.”

“Under the bills, a man who asserts a claim of fatherhood could bring legal action to gain paternal rights to the child, even if another man is already being acknowledged as the child’s father.

The bills were backed by the National Family Justice Association, Friend of the Court Association, Department of Human Services, Michigan Probate Judges Association and the Family Law Section of the Michigan State Bar.

The Michigan branch of the National Organization for Women opposed the bills.

If Snyder signs the bills, Quinn said he would promptly petition the court to gain parental rights to his daughter.

“I want my daughter to understand,” Quinn said, that he and the mother “both love her. Neither of us bailed on her.”

Mich. bills would extend biological dads’ rights

[NECN.com 6/10/12]

On Tuesday June 12, 2012, Governor Snyder signed the bills.

Snyder’s office said 43 percent of all Michigan babies are born to unmarried mothers, causing legal uncertainty over children’s paternity.

The new law says that when a lawsuit to change legal paternity is filed, the judge must order a DNA, blood or tissue-typing test. The judge then decides paternity based on the results and the best interests of the child.

“Children thrive with parental involvement, and I am pleased this legislation pushes for increased involvement through easier legal recognition of biological fathers,” Snyder said in a statement.

The bills were sponsored by Sens. Steve Bieda, D-Warren, and Rick Jones, R-Grand Ledge; and Reps. Matt Lori, R-Constantine, and Pat Somerville, R-New Boston.

Also Tuesday, the Republican governor signed another bill sponsored by Jones that changes how children are removed from their parents.

The legislation is inspired by a case in which a University of Michigan professor mistakenly gave his young son alcoholic Mike’s Hard Lemonade at a Tigers game and temporarily lost custody of the child.

Current Michigan law permits the emergency removal of children whose surroundings endanger their health, morals or welfare. The new law raises that threshold to children who are at substantial risk of harm or in surroundings that present an imminent risk of harm.”

New laws give rights to biological fathers, respond to lemonade incident at Tigers game

[Michigan Live 6/12/12 by David Eggert]

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