Child custody disagreements are often stressful. But there may be added complications for parents who were never married to each other. If you are in such a dispute, the Michigan family lawyers at Alward Fisher are here to help. Our team has a deep knowledge of Michigan’s child custody laws. With more than 100 years of combined legal experience, you can rest assured that your case is in skilled hands.
We know how important your child is to you and will work to protect your rights and reach the best possible outcome. Contact us today for a free consultation with an experienced Michigan family law attorney.
Child Custody Laws in Michigan for Unmarried Parents
Before getting into the details of Michigan’s custody laws for unmarried parents, it is worth reviewing some basic legal terms you’re likely to encounter.
There are four key concepts to keep in mind in Michigan child custody proceedings:
- Legal custody – Legal custody means a parent has the authority to decide how a child will be raised. A parent with legal custody over a child gets to make decisions such as where the child will attend school, what medical treatment the child receives, and what religious education the child will receive. State law encourages parents to share legal custody of a child if possible. However, one parent can be awarded sole legal custody if the other parent is deemed unfit.
- Physical custody – Physical custody refers to which parent a child lives with and how often they see the other parent. However, having parents share physical custody equally is not always practical. Judges will often have parents share legal custody of a child while dividing physical custody unequally but in a way that is acceptable to both parents. They can also deny physical custody to one parent or only allow limited visits if the parent is deemed a potential danger to the child.
- Joint custody – If two parents share legal or physical custody of a child, they have joint custody. Judges prefer to have parents share legal custody of a child while splitting physical custody to minimize the potential negative impact on the child.
- Sole custody – If only one parent has legal and physical custody of a child, they have sole custody. A parent who has been denied legal or physical custody of their child can petition the courts to have their rights restored. However, it is often difficult to have an existing child custody order overturned.
When a married couple in Michigan gets divorced, the usual assumption is the parents will share legal custody of any children from the marriage while splitting physical custody. However, in custody disputes involving unmarried parents, the child’s biological mother is presumed to have sole legal and physical custody of the child.
An unmarried father in Michigan will have an easier time arguing for custody of a child if they have been legally recognized as the child’s father. Once paternity has been established, both parents can make their cases for legal or physical custody.
Factors Involved in Determining Child Custody
In Michigan child custody proceedings, the courts are required to do what they believe is in the child’s best interests. Some of the factors a judge may consider in a custody dispute include the following:
- The relationship between the child and each parent
- Each parent’s ability to care for the child
- Each parent’s physical and mental health
- How stable each parent’s home is
- How well the parents get along with each other
- Any history of domestic violence or abuse
- The child’s preference, in some cases
Can an Unmarried Father Get Custody of a Child in Michigan?
An unmarried father can be awarded custody of his child. However, he must be recognized as the child’s legal father first. To be acknowledged as the child’s father, both parents must sign an Affidavit of Parentage in the presence of a notary, or the father must petition the courts for a paternity test. If a child’s father has not been legally recognized, the child’s mother is presumed to have sole legal and physical custody, meaning the father will have a legal battle if he wishes to be awarded custody.
Mother’s Custody Rights for Michigan Unmarried Couples
Unmarried mothers in Michigan are presumed to have sole legal and physical custody of their children unless the child’s father has been recognized by the courts. If paternity has been established, though, the child’s father has the same right to argue for custody as if the parents were married.
What Happens If the Mother Is Married to Someone Else?
If a child’s mother is married, her husband is presumed to be the child’s legal father. However, if paternity is in dispute, a child’s father can ask the courts for a test to demonstrate he is the child’s biological parent. Unless an unmarried father can legally prove he is the child’s biological parent, sole legal and physical custody rights are presumed to belong to the mother.
Talk to an Experienced Child Custody Attorney in Michigan Today
Child custody disputes can be complicated, especially if you are not married to your child’s other parent. The Michigan family lawyers at Alward Fisher can review your case with you, explain your rights, and advocate for your preferred custody arrangement. Contact our office today for a free consultation and find out how we can help you and your family.
