Child custody matters can be confusing and emotionally charged. If you’re going through a divorce or have a child with someone you aren’t married to, it is crucial to understand your rights as a mother in Michigan. At Alward Fisher, we understand that the bond between you and your child is unbreakable and will fiercely advocate for your interests in court.
Our Traverse City mother’s rights attorneys are committed to helping families resolve custody disputes, seek child support, and navigate the complex family court system. Contact us today for a confidential consultation to discuss how our attorneys can help you navigate custody arrangements and protect your relationship with your child.
Differences Between Mother’s Rights and Father’s Rights
There are a few differences when comparing mother’s rights vs. father’s rights. While unmarried mothers in Michigan have sole legal and physical custody of their child, unmarried fathers do not until a court issues a custody order. Still, unmarried fathers have a right to claim paternity before or after the child’s birth. Unmarried fathers can also seek custody of their child through adoption or court order if they’ve established paternity.
Unmarried fathers are not entitled to child support or parenting time if the mother was married when the child was born. While a child is entitled to have a relationship with their biological father, the father has to prove that he is their legal father. The father can then obtain custody and visitation rights.
If a child was born out of wedlock, fathers could challenge the child’s paternity. If the child was born while the two parents were married, the father is presumed to be the child’s legal father and generally doesn’t need to establish paternity.
Mothers might need to establish paternity if they want to seek child support from the child’s biological father. If you are a mother, you won’t be able to get a child support order from the court until you prove paternity. Even if both parents agree on child custody and other issues, establishing paternity at the beginning can help prevent disputes later on.
Michigan Laws Regarding Mother’s Rights
Michigan state law offers numerous protections to mothers, both married and unmarried. The Child Custody Act of 1970 and the Genetic Parentage Act establish the mother’s rights regarding child custody, child support, and more. They also have implications for the biological fathers of children who want to obtain child custody or visitation rights.
The skilled Michigan family law attorneys at Alward Fisher can help you better understand and protect your rights under Michigan law.
How Is Child Custody Decided for Unmarried Parents in Michigan?
There are multiple aspects involved with establishing a child custody arrangement between unmarried parents in Michigan. If the two parents agree on a child custody agreement, the court will most likely approve it if the judge believes it is in the child’s best interests.
If the two parents cannot agree on a custody arrangement, the court will decide for them based on numerous factors, most notably the child’s interests. The decisions will usually go as follows:
- The court will determine whether one parent gets sole custody of the child or whether both parents will share custody of the child.
- The court will issue a custody order outlining which parents will get physical and legal custody of the child. Physical custody refers to the parents the child will live with, and legal custody refers to the parents allowed to make decisions for the child.
- Visitation, also known as parenting time, will usually go to the parent who doesn’t get physical custody.
- Once the custody order has been issued, the case is resolved.
Child custody issues can be complicated. It can be challenging to navigate the legal process on your own, especially if the other parent has retained legal counsel. It’s important to consult with a knowledgeable mother’s rights lawyer at Alward Fisher to protect your rights.
What Rights Do Unmarried Mothers Have in Michigan?
Unmarried mothers’ rights in Michigan generally give you sole legal and physical custody of your child unless the court issues an order that says otherwise. Paternity can be revoked in various ways, depending on the circumstances. However, maternity cannot be taken away.
In Michigan, the typical default court decision regarding child custody is joint custody, allowing both biological parents to share custody of a child. The courts gave mothers primary custody far more often than fathers in the past. While this still occurs to a degree, joint custody is the default.
However, the mother has sole custody of the child by default until the court issues a custody order. If the two parents were never married, the mother is presumed to be the custodial parent. To get custody, the child’s father must be able to establish paternity and obtain a court order. Even if the father has shown paternity or presented an Affidavit of Parentage, they cannot get custody or visitation rights unless a judge orders it.
Contact an Experienced Mother’s Rights Attorney in Traverse City, MI Today
The family law attorneys at Alward Fisher understand and value the importance of a mother’s rights to her child. We have the answers to your legal questions regarding child custody, child support, parenting time, and other issues. Reach out today to learn more about your child custody rights for mothers under Michigan state law.
