Michigan custody law applies different rules to unmarried parents than it does in divorce cases. At birth, Michigan law grants the mother sole legal and physical custody unless a court enters an order or approves a written custody agreement. Many unmarried fathers believe that signing a birth certificate or Affidavit of Parentage gives them equal custody rights, but that is not the case under Michigan law.
Unmarried parents in Royal Oak, Southfield, and throughout Oakland County should understand how custody rules apply before taking action. Establishing paternity, seeking custody, and requesting parenting time all require formal court filings.
A Michigan child custody attorney at Friedman Law Firm represents unmarried parents in custody, parenting time, and paternity matters. Call today for a no-cost consultation.
Key Takeaways About Custody Cases for Unmarried Michigan Parents
- Michigan grants unmarried mothers automatic sole custody at birth under MCL 722.1006, while unmarried fathers must establish paternity before requesting any custody or parenting time rights.
- Signing an Affidavit of Parentage establishes paternity but does not grant fathers automatic custody rights, requiring a separate court action to obtain legal or physical custody.
- Courts apply the same 12-factor best interests standard from MCL 722.23 to unmarried parents as they do in divorce cases when determining custody arrangements.
- Unmarried fathers who take custody without a court order risk violating Michigan’s parental kidnapping statute, making knowledgeable legal guidance important for protecting parental rights.
- A Michigan child custody attorney helps unmarried parents file custody petitions and present compelling evidence at hearings.
Understanding Michigan’s Initial Custody Law for Unmarried Parents
Under MCL 722.1006, when unmarried parents sign an Affidavit of Parentage, the mother retains sole custody unless a court orders otherwise or approves a written custody agreement. Even after an Affidavit of Parentage is signed, the mother retains sole legal and physical custody unless and until a court issues a custody or parenting time order.
Legal custody refers to the right to make major decisions about a child’s upbringing, including education, healthcare, and religious training. Physical custody determines where the child lives.
What Initial Custody Means Under Michigan Child Custody Law
Unmarried fathers who believe simply signing a birth certificate or Affidavit of Parentage gives them equal parenting rights face a difficult reality. Without a court order, fathers generally lack enforceable parenting time and decision-making authority regarding medical or educational matters.
Challenging this imbalance requires filing the appropriate court action, often with the assistance of an experienced Michigan child custody attorney.
How Unmarried Fathers Establish Paternity in Michigan
Before an unmarried father may petition for custody or parenting time, Michigan law requires paternity establishment. The Acknowledgment of Parentage Act allows unmarried parents to establish paternity by signing an Affidavit of Parentage, typically at the hospital when the child is born or later through local health departments.
What Signing an Affidavit of Parentage Actually Accomplishes
Many unmarried fathers misunderstand what this affidavit does and does not accomplish. Signing an Affidavit of Parentage accomplishes several legal objectives but falls short of granting full parental rights:
- Establishes the father as the child’s legal parent under Michigan law
- Creates legal child support obligations for both parents
- Provides the foundation for filing future custody and parenting time petitions
- Does not grant fathers any custody or parenting time rights without court action
- Provides the mother with initial custody under MCL 722.1006 until a court orders otherwise
Working with a Michigan child custody attorney helps fathers understand these differences and take the right legal steps to protect their custody or parenting time rights. If paternity is disputed or one parent refuses to sign an acknowledgment of parentage, either parent can ask the court to decide paternity. In most cases, the court will order DNA testing to confirm who the child’s biological father is.
This difference is important because Michigan’s parental kidnapping law, MCL 750.350a, may apply when a parent takes or keeps a child without a court order. In some situations, an unmarried father who takes custody without a court order could face criminal charges.
This depends on the father’s intent and whether his actions interfere with another person’s legal custody rights.
Michigan Child Custody Attorney Guidance on Best Interests Standards
Once paternity is established, Michigan courts apply the same custody analysis to unmarried parents that they use in divorce cases. MCL 722.23 requires courts to evaluate 12 specific factors when determining what custody arrangement serves the child’s best interests.
The 12 Best Interests Factors Michigan Child Custody Attorneys Address
Michigan law requires judges to evaluate each factor and explain their reasoning on the record. A Michigan child custody attorney helps parents understand how courts weigh these factors and what evidence strengthens their position.
The factors courts must consider include, but are not limited to:
- The love, affection, and emotional ties between each parent and the child
- Each parent’s capacity to provide love, guidance, and continue the child’s education
- Each parent’s capacity to provide food, clothing, medical care, and other material needs
- The length of time the child has lived in a stable environment
- The permanence of the proposed custodial home and each family unit’s stability
Judges consider all best-interest factors together, rather than scoring or ranking them individually. A Michigan child custody attorney helps parents gather evidence demonstrating strength in multiple factors, from documented involvement in the child’s activities to stable housing arrangements and consistent financial support.
Unlike divorce cases where courts presume both parents have equal standing, unmarried parents begin with an imbalance. The mother’s initial custody under MCL 722.1006 gives her a starting advantage, though this does not predetermine the outcome.
Filing a Child Custody Petition as an Unmarried Parent in Michigan
Unmarried fathers seeking custody or parenting time must file a petition with the circuit court in the county where the child resides. The Child Custody Act, MCL 722.21 et seq., provides the exclusive legal framework for pursuing custody rights after paternity is established.
The Michigan Court Process for Unmarried Parent Custody Cases
After filing, courts typically refer cases to the Friend of the Court for investigation and recommendations. Friend of the Court staff interviews both parents, may visit homes, and evaluates each parent’s living situation and relationship with the child.
Michigan courts give child custody disputes precedence over other civil actions. Once a case is filed, judges often schedule hearings within weeks or months, depending on court availability and case circumstances.
The timeline depends on court congestion, whether both parents cooperate with Friend of the Court investigations, and whether emergency circumstances require immediate custody determinations.
Parents may reach custody agreements through negotiation or mediation at any point before trial. A Michigan child custody attorney helps parents negotiate agreements that protect their rights while avoiding expensive litigation.
Michigan Parenting Time Rights for Unmarried Parents
MCL 722.27a governs parenting time for both married and unmarried parents. The statute presumes that maintaining a strong relationship with both parents serves the child’s best interests, and courts must grant parenting time unless clear and convincing evidence shows it would endanger the child’s physical, mental, or emotional health.
How a Michigan Child Custody Attorney Structures Parenting Time Schedules
Courts have broad discretion in structuring parenting time schedules based on what best promotes the parent-child relationship. Common parenting time arrangements Michigan courts order include:
- Alternating weekends from Friday evening through Sunday evening
- Midweek overnight visits on Wednesday or Thursday evenings
- Holiday rotation schedules dividing major holidays between both parents
- Extended summer parenting time for two to four weeks during school breaks
- Birthday celebrations with the non-custodial parent on or near the child’s birthday
For infants and very young children, courts often order more frequent but shorter visits to maintain bonding. As children grow older, schedules typically expand to include overnight visits, full weekends, and extended summer periods.
Michigan law gives parents exercising parenting time the right and duty to decide routine matters concerning the child during their parenting time. A Michigan child custody attorney helps parents propose realistic schedules that accommodate work obligations and the child’s needs while maximizing parenting time.
How a Michigan Child Custody Attorney Helps Unmarried Parents
Friedman Law Firm has served Royal Oak and Oakland County families for over three decades from their office on South Main Street. The firm focuses exclusively on family law and criminal defense, giving their attorneys deep insight into how custody decisions intersect with other legal matters affecting families.
Founder Lowell S. Friedman, a University of Detroit Mercy School of Law graduate and Super Lawyers honoree, leads a team that includes Kimberly Denoyer, who manages the family law department with 19 years of experience, and Daniel DeBene, a senior associate with 12 years of litigation experience and multiple Super Lawyers Rising Star awards.
Legal Services a Child Custody Attorney Provides for Unmarried Parents
Unmarried parents face procedural hurdles that do not arise in divorce cases, particularly when establishing paternity and seeking initial custody orders. Establishing paternity, filing custody petitions, and proving parental fitness all require specific legal steps that, if handled incorrectly, may delay or deny parenting rights.
A Michigan child custody attorney from Friedman Law Firm provides comprehensive support throughout the custody process:
- Reviews your relationship history and evaluates your legal standing under Michigan law
- Guides you through paternity establishment procedures if needed
- Prepares and files custody petitions with appropriate Michigan circuit courts
- Gathers evidence supporting your parental fitness and involvement in the child’s life
- Represents you at Friend of the Court investigations and custody hearings
- Negotiates custody agreements that protect your relationship with your child
Michigan’s initial custody statute creates legal obstacles that unmarried fathers must overcome through proper court procedures. The firm serves clients throughout Oakland County, Wayne County, Macomb County, and surrounding areas.
FAQs for a Michigan Child Custody Attorney
Do unmarried fathers have automatic custody rights in Michigan?
No. Michigan law grants unmarried mothers sole legal and physical custody at birth under MCL 722.1006. Unmarried fathers must establish paternity through an Affidavit of Parentage or court order, then file a separate custody petition to obtain any custody or parenting time rights.
How long does a custody case take for unmarried parents in Michigan?
Most custody cases resolve within three to six months from filing. Cases involving agreed-upon custody arrangements may resolve faster, while contested cases requiring extensive Friend of the Court investigations or trial may take longer.
What happens if an unmarried father takes the child without a custody order?
Taking custody of a child without a court order can, in certain circumstances, implicate Michigan’s parental kidnapping statute, MCL 750.350a, depending on the facts and intent involved. Unmarried fathers must obtain court orders before exercising custody or parenting time rights.
Can unmarried parents get joint custody in Michigan?
Yes. Courts may award joint legal custody, joint physical custody, or both to unmarried parents once paternity is established. Courts evaluate the same 12 best interests factors under MCL 722.23 for unmarried parents as they do in divorce cases.
How much does a Michigan child custody attorney cost?
Attorney fees vary based on case complexity, whether parents reach agreements or proceed to trial, and how many hearings the case requires. Friedman Law Firm offers no-cost initial consultations and flexible payment plans to make legal representation accessible.
What evidence helps win custody as an unmarried father in Michigan?
Strong evidence includes documentation of consistent involvement in the child’s life through photos, school records, medical appointment attendance, and communication logs. Financial records showing child support payments demonstrate commitment. A Michigan child custody attorney helps gather and present evidence strategically.
Contact a Michigan Child Custody Attorney to Protect Your Parental Rights
Michigan custody laws can be difficult for unmarried parents to navigate, especially fathers who must address the mother’s initial custody status under state law. A parent’s ability to request custody or parenting time, take part in major decisions about the child, and stay involved in the child’s life is decided through the court process.
Contact Friedman Law Firm today for a no-cost consultation with a skilled Michigan child custody attorney. Taking action early may help protect your ability to request custody or parenting time and support a request that serves the child’s best interests.
