How Can a Father Get Full Custody in Michigan?

Fathers who seek full custody of their children should be prepared to face substantial challenges along the way. Navigating the legal system can be tricky. If you are a parent trying to get full custody, you should have a strong argument that it is in your child’s best interests – the courts’ primary consideration in custody matters.

In Michigan, you can seek full or sole custody of your child by filing a child custody case with your local court system. However, you must meet specific eligibility requirements and follow strict procedures for a successful custody case. And remember that the courts will hold your case to the same high standards regardless of whether you have legal representation.

At Alward Fisher, our trusted Traverse City family attorneys have decades of experience representing fathers and their families in custody disputes and other legal proceedings. We can advocate for your rights as a parent and prepare a strong child custody case in your favor. To learn more about how to get full custody of a child in Michigan, contact our firm to speak with an attorney about your case.

When Can Fathers File for Child Custody in Michigan?

Parents in Michigan can only file child custody cases to seek full custody orders under certain circumstances. As a father, you could file for child custody if one of the following applies to your situation:

• You and your child’s mother are not married, and you have an Affidavit of Parentage — An Affidavit of Parentage is a form that a mother and father both sign as a formal declaration that the man who signed the document is the child’s father. If you have an Affidavit of Parentage, you can use it to establish your paternity in a child custody case in Michigan.
  
• You are married to your child’s mother but are living separately and have no intention of filing for divorce or separate maintenance — Many legal proceedings for divorce or separate maintenance involve child custody determinations. So it doesn’t usually make sense to file a separate custody case if you’re already pursuing another family law case. However, if you are married to your child’s mother, live separately from her, and don’t intend to file for divorce or separate maintenance, you can request full custody of your child.

How to File for Child Custody in Michigan

Anyone seeking full custody of a child must file their case in the child’s home state. Michigan courts usually only have jurisdiction over your case if your child has lived in Michigan for at least six months before you file your case. You could also file a case in Michigan if you live in Michigan and your child is currently living in another state if Michigan was their home state within the six months before you filed.

When you file a child custody case in Michigan, you will initiate your case in the Family Division of the Circuit Court for the county of your child’s residence. You would start by filing a Complaint for Custody and serving your child’s other parent with the papers.

Once you file your complaint with the court, your child’s other parent can file an Answer and Counterclaim. They must file an answer with the court within a specific time frame or the court could enter a default judgment, meaning a judge would make custody decisions without their input.

If the other parent agrees with your custody claim, you can ask the judge to sign the order granting full custody. But if the other parent disagrees, the judge might order both parents to participate in an alternative dispute resolution (ADR) process, like mediation. If ADR is unproductive, the judge will hold a custody hearing and make decisions based on the child’s best interests. Once both parents reach an agreement or the judge makes a decision at a custody hearing, the judge will sign a final custody order.

What Factors Can Affect a Michigan Child Custody Case?

Certain circumstances could complicate your child custody case in Michigan. You should speak to an experienced family law attorney about possible alternatives if:

• You have not established paternity for your child — The easiest way to establish paternity is with an Affidavit of Parentage. You do not have to take a DNA test or get a court order to file this type of sworn statement. Many parents sign an Affidavit of Parentage when their children are born. However, you can prepare one at any time after your child’s birth. If you do not have an Affidavit of Parentage for your child, you have no legal standing to seek full custody.
  
• You already have a family law case in progress — If you are part of an ongoing family law case involving your child, custody determinations should happen within that case. You can file a Motion Regarding Custody as part of your existing case to seek or modify a child custody order.
  
• Your child’s mother was married to someone else while pregnant — You cannot use an Affidavit of Parentage to establish paternity if your child’s mother was married to another man while pregnant with your child. Husbands are the legal fathers of any children their wives bear during the marriage. A biological father can only revoke a husband’s paternity with a court order. If your child’s mother was married to another man while pregnant, you would have to file a Motion to Determine Child Born Out of Wedlock before establishing paternity, obtaining an Affidavit of Parentage, and seeking full custody of your child.

Talk to an Experienced Child Custody Attorney in Traverse City, MI Today

If you intend to seek full custody as a father in Michigan, you need and deserve help from a knowledgeable, compassionate legal professional. Contact the dedicated team at Alward Fisher to talk to an experienced child custody attorney in Traverse City today. We can explain your legal rights during an initial consultation session.