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Custody for Unmarried Parents in Michigan

HomeFamily LawCustody for Unmarried Parents in Michigan

Custody for Unmarried Parents in Michigan

Child custody proceedings for unmarried parents often involve additional legal steps and considerations that married parents do not face. Understanding how these cases work is essential for protecting your role in your child’s life. With over 25 years of experience in Michigan family law, Lucido & Manzella, P.C. provides the skilled guidance needed to move through this process effectively.

Default Custody for Unmarried Parents in Michigan

A common misconception is that unmarried parents automatically share custody. In Michigan, this is not the case. Until a court orders otherwise, the law grants the birth mother sole legal and physical custody of the child. This means she has the exclusive right to make decisions about the child’s education, healthcare, and general welfare. A father has no legal rights or responsibilities until paternity is established and the court determines custody.

Why Formal Custody Orders Are Necessary

Many unmarried parents turn to verbal agreements to keep things simple, but informal arrangements rarely provide the stability or protection a family needs. Without a court-approved order, even well-intentioned plans can unravel quickly.

Lack of Legal Enforcement: Verbal agreements are not binding, and either parent can change course at any time, leaving the other without a reliable way to protect their rights.

Greater Risk of Conflict: Without clear direction from the court, misunderstandings about parenting time, decision-making, and daily responsibilities can escalate into avoidable disputes.

Instability for the Child: Inconsistent schedules and sudden changes can disrupt a child’s routine, making it harder for them to feel secure.

Unequal Protection of Parental Rights: Without a formal order in place, one parent may make unilateral decisions or restrict the other’s access, creating serious legal and emotional challenges.

More Difficult Problem-Solving: When disagreements arise, the absence of a court order often results in more complex and costly resolutions.

Taking the proper legal steps from the beginning provides clarity, stability, and a dependable framework that supports both parents and, most importantly, the child.

Establishing a Father’s Parental Rights

Before a father can seek custody, he must be legally recognized as the child’s parent. There are two ways to establish paternity in Michigan:

  1. Affidavit of Parentage: Both parents can sign this legal document at the hospital after the child’s birth. Once properly filed with the Michigan Department of Health and Human Services, it legally establishes the father’s parentage.
  2. Court Action: Either parent can file a paternity case asking the court to make a determination. This process may involve genetic testing to confirm the biological relationship.

Once the court enters an Order of Filiation, the father is legally established as a parent and can then pursue custody and parenting time rights.

The Custody Process After Paternity

After paternity is established, either parent can file a custody action. The court’s primary focus will be on the “best interests of the child.” A judge will evaluate several factors to create a custody arrangement that promotes the child’s well-being. These factors include each parent’s ability to provide a safe home, the emotional bond between the parent and child, and each parent’s willingness to support the child’s relationship with the other parent.

An experienced family law attorney can provide critical guidance throughout this process. At Lucido & Manzella, P.C., we help clients build a strong case by gathering relevant evidence and presenting compelling arguments that align with the best interest factors. From correctly filing initial paperwork to representing you in negotiations or in court, our role is to protect your parental rights and work toward a favorable resolution for you and your child.

Protect Your Rights and Your Child’s Future

For unmarried parents, a formal custody order is not just a piece of paper; it is the foundation for a stable and predictable co-parenting relationship. It protects your rights and provides your child with the consistency they need. If you are an unmarried parent seeking to establish custody, contact Lucido & Manzella, P.C. today for a consultation to discuss your case.

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