Custody for Unmarried Parents

When a child is born to parents who are not married in Michigan, the legal process for establishing custody, parenting time, and child support is different from that of a divorcing couple. Without the legal presumption of paternity that marriage provides, specific steps must be taken to define the rights and responsibilities of each parent.

At Robbins & Licavoli, PLLC, our attorneys provide guidance for these distinct family law concerns. We can help you navigate the legal system to establish clear, enforceable orders that will protect your parental rights and serve your child’s best interests.

Preliminary Step: Establishing Paternity

If parents are not married when a child is born, the mother has sole legal and physical custody rights. Before custody or parenting time rights can be granted to a father, his paternity must be legally established. There are two primary ways to do this in Michigan:

1. Voluntary Acknowledgment: Both parents can sign an Affidavit of Parentage form, often at the hospital after the child’s birth. This is a legal declaration that establishes the man as the child’s legal father. His name is then added to the birth certificate.
2. Court Order: If there is a dispute or uncertainty about paternity, either parent can file a legal action to have the court determine it. This process may involve genetic DNA testing to confirm the biological relationship. Once the court issues an Order of Filiation, the man is declared the legal father.

Establishing paternity is a critical first step. It grants the father the legal standing to seek custody and parenting time, and it obligates both parents to provide financial support for the child.

How are Custody and Parenting Time Determined?

Once paternity is established, either parent can petition the court for orders regarding child custody and parenting time. Michigan law does not favor one parent over the other, regardless of marital status; rather, all custody decisions are made based on the “best interests of the child” standard. A judge will evaluate 12 predetermined factors to create a custody arrangement with the goal of fostering a strong relationship with both parents.

The court will determine both legal custody (the right to make important decisions about how the child is brought up) and physical custody (where the child lives). In many cases, parents will share joint legal custody, while physical custody arrangements can vary widely based on the family’s circumstances.

Protect Your Parental Rights with Skilled Legal Counsel

Initiating or receiving notice of a custody case as an unmarried parent can be a complex and highly emotional process. The legal framework involved is designed to protect the child and, when possible, ensure they benefit from the presence of both parents in their life. Whether you are seeking to establish your custody rights as a father or ensure a fair custody and support arrangement as a mother, experienced legal representation is essential.

The attorneys at Robbins & Licavoli, PLLC, are dedicated to helping parents confirm and protect their legal rights across a wide range of family law matters, including custody cases outside of marriage. Contact us today to schedule a consultation. We can provide the support and guidance you need to seek your custody rights as an unmarried parent.