How Do I Start a Child Custody Case as an Unmarried Parent in Michigan?  

Having a child outside of marriage can be gut-wrenching. Without the framework of a marriage, the uncertainty about your rights, your role in your child’s life, and the time you’ll get to spend with them can weigh heavily on your heart. The stress, the questions, the unknown—it can all feel overwhelming, even before you’ve had the chance to hold your child in your arms for the first time.

At Robbins & Licavoli, we understand the challenges you’re facing. For years, we’ve been dedicated to helping unmarried parents like you protect their parental rights and secure fair custody arrangements that prioritize the well-being of your child. You don’t have to face this alone. In this post, we’ll walk you through the essential steps to take when starting a child custody case as an unmarried parent, empowering you with the information and resources necessary to move forward confidently.

Understanding the Default Custodial Parent

Under Michigan law, the mother is the default custodial parent when the parents are unmarried. This means that the unmarried mother automatically has legal and physical custody of the child unless paternity is established by the father.  

If you’re an unmarried mother and you don’t have disputes regarding custody or visitation, you aren’t required to take any legal action to maintain custody of your child. However, unmarried fathers who wish to establish parental rights must take an additional step to secure custody or visitation.  

Establishing Paternity

For unmarried fathers, the first step in pursuing any custody or visitation rights is establishing paternity. This process legally identifies you as the child’s father, opening the door for you to seek custody, parenting time, or decision-making authority.  

Two Ways to Establish Paternity in Michigan:

1. Voluntary Acknowledgment  

If both parents agree on the identity of the father, they can sign an Affidavit of Parentage, often completed at the hospital after the child’s birth. By signing this document, you confirm your legal responsibility as the father and waive the right to dispute paternity later. Once the affidavit is signed, the father’s name is added to the child’s birth certificate.  

2. Court-Ordered Paternity  

If there is a disagreement about paternity or if the mother refuses to sign the affidavit, the father can file a Notice of Intent to Claim Paternity, which allows him to request court-ordered genetic testing. This test can conclusively establish whether the individual is the child’s biological father.  

Establishing paternity is a critical step for fathers seeking involvement in their child’s life. Without it, you cannot file for custody or parenting time in a Michigan court.   

The Legal Process of Custody

Once paternity is established, unmarried parents can file a custody case in family court. Here’s what the process typically looks like in Michigan:

• Filing a Custody Motion  

Begin by filing a custody motion with the local family court where the child resides. This document outlines your request for legal custody, physical custody, or parenting time.  

• Parenting Plan Negotiation  

If both parents can agree on a custody arrangement, they can present a joint parenting plan to the court for approval. The judge will ensure that the plan aligns with the child’s best interests before finalizing it as a court order.  

• Contested Custody Hearings  

If the parents cannot agree, the case proceeds to a contested hearing. Each party can present evidence and arguments to support their custody requests. The judge will then determine the best custody arrangement for the child.

How Courts Will Decide Custody

Michigan family courts determine custody and parenting time by evaluating several factors to decide what is in the child’s best interests. These factors include:

• The emotional ties between the child and each parent.  
• Each parent’s ability to offer love, affection, and guidance.  
• The mental and physical well-being of each parent.  
• The ability of each parent to provide a stable and supportive environment for the child.  
• Each parent’s willingness to encourage the child’s relationship with the other parent.  
• Any evidence of violence, substance abuse, or neglect.  

Courts aim to prioritize the child’s well-being in every decision. Parents who demonstrate a commitment to their child’s best interests, as opposed to their own preferences, often see more favorable outcomes.  

The Role of Legal Counsel

While the steps involved in a child custody case might seem straightforward, the process often becomes complex due to legal nuances, emotional stakes, and the unique circumstances of each family. Having a skilled child custody lawyer by your side can significantly streamline the process by ensuring that all requirements are met, advocating for your parental rights, and presenting a compelling case to the court. An experienced attorney provides critical guidance, mitigating potential missteps and equipping you with the best strategies to achieve a resolution that prioritizes the child’s best interests.

Your Relationship with Your Child Matters

Navigating custody questions after having a child outside of marriage can indeed be a daunting and emotionally charged experience. The uncertainty surrounding legal processes and the overwhelming desire to secure time with your child can feel terrifying. However, by understanding the steps involved, committing to the process, and seeking the support of experienced legal professionals, you can achieve a solution that fosters your relationship with your child.

Robbins & Licavoli is dedicated to guiding you through every step of this legal journey, advocating for your parental rights, and helping you find a resolution that prioritizes your child’s needs and your role in their life. Contact us today – you don’t have to do this alone.