Question:
My wife and I recently finalized the adoption of our daughter, though it appears we are headed for divorce so I would like information on child custody laws.
She informed me she lied numerous times on the adoption application and during the home visits from a social worker.
Could I be held liable for any of this as we move forward with a divorce? Can I use her lies against her in our divorce and child custody case?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Michigan child custody laws where I am licensed to practice.
Without knowing what type of adoption you and your wife entered into it is hard to provide you with a complete answer. Generally, there will be a waiting period after an adoption is completed to follow up with the child and the family.
Since you stated that your adoption was recently completed, your divorce could have an impact on your adoption and whether or not the child remains in your home. I would advise that you consult the attorney that handled your adoption case to see how a divorce could impact your overall adoption.
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To answer your second question, as to whether you can use your wife’s false statements on the adoption papers against her in your child custody case, this is a tricky situation.
On the one hand your wife’s false statements helped you adopt your daughter, but on the other hand her overall mental condition needs to be taken into consideration when determining custody.
If you choose to go down this road, tread lightly and don’t be surprised if your overall adoption is questioned by the court since one of the factors the court looks at when approving an adoption is the stability of the family unit.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Kathryn Carruthers, an associate attorney in the Michigan offices, contact Cordell & Cordell.
