A Father’s Right To His Children
The Michigan Supreme Court recently refused to hear an appeal from a man who wanted legal rights to HIS DAUGHTER. Under Michigan Law, if a child is born to a married woman, the child belongs to the husband of the mother, even if the father is a different man. Essentially, the biological father has NO rights. WHAT?! Yes, that apparently is the law.
Anthony Pecoraro of the Buffalo, N.Y., area has been denied legal rights to his child because the mother was married to another man when the girl was born in 2002. Pecoraro’s appeal to the Michigan Supreme Court led to a 3-3 tie among the justices last week that results in an affirmation of the lower court ruling. In other words, the lower court’s decision that the biological father has no right to his daughter stands. Justice Brian Zahra, the 7th justice, didn’t participate because he was the judge when on the case when he was on the Michigan Court of Appeals.
The State of Michigan should be ashamed.
How does a father get custody of his children?
The truth is that many cases where fathers lose the rights to their children are a result of inept and inadequate legal counsel. If a father is fighting for custody or visitation with his children, his lawyer better be the best lawyer in the courtroom or the odds will be stacked against him! In Michigan, especially in Oakland, Wayne, Macomb, Washtenaw, and Livingston Counties, family law judges are known for bending over backward to help mothers, even ones with addiction, mental health, and anger issues. This being said, a father can win in court if his attorney is incredibly well prepared, willing to do whatever it takes to win, and is very experienced.
There are 12 factors that judges are supposed to consider when determining the best interest of a child. The factors include:
(a) The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical case or other remedial care recognized and permitted under the laws of this state in place of medical care, and other marital needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, or the child and the parents.
(k) Domestic violence regardless of whether the violence was directed against or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.
How do you know how to pick a family law lawyer that will fight for the father’s rights and win?
No lawyer can guarantee or promise an outcome in a family law case. If an attorney does offer a guarantee or promise, you should hang up the phone immediately or leave that person’s office because he or she is clearly willing to lie to you in an effort to be hired for your case. To be successful in court, you will need a highly respected attorney with a reputation for providing quality, credible and persuasive arguments in court. If an attorney is making promises or claiming to be the best family law lawyer, you can be assured that he or she probably has absolutely no credibility in the courtroom.
Before hiring a lawyer, it is best to get a referral from a lawyer who is knowledgeable with the county where your divorce is pending and you should take the time to vet that person by reviewing online reviews and by having a face-to-face meeting. Your children are likely the most important thing in your life and a decision should not be made without the benefit of meeting someone personally to review your case.
Can LEWIS & DICKSTEIN, P.L.L.C. help you find the best divorce or family law lawyer to help you?
Yes! Although we do not handle family law or divorce cases, we work with several of the best, most well-respected family law lawyers in Oakland County, Wayne County, Macomb County, Washtenaw County, Livingston County and throughout the State of Michigan. Because we handle so many domestic violence, criminal sexual conduct, domestic strangulation, and child abuse cases, we have the opportunity to work with and collaborate with countless family law attorneys. Based on our experience with these attorneys, we have been able to get a really good handle on the attorneys who have a reputation and track record of winning for fathers and those attorneys that should be avoided.
If you are looking for a lawyer that will faithfully and fearlessly fight to protect you and your children, call us today and we will be able to point you in the right direction. Do not trust your fate with the lowest bidder! You deserve to have a lawyer by your side that will do what is necessary to win for you and we can help you find a top family law lawyer. Call us at (248) 263-6800 or complete a Request for Assistance Form and we will promptly contact you.