Michigan Child Custody Laws for Unwed Parents

If the parties do not agree on the paternity of the child, the court orders DNA tests. When DNA tests show that the alleged father is the biological father, the judge signs a parentage order. A parentage decision determines paternity and makes the alleged father the legal father. Decisions on custody, parental leave and maintenance may be made in the event of paternity. When parents give birth to a child, they immediately form a special relationship with that child and the child with his or her parents. Since children are unable to take care of themselves and provide for themselves for several years, parents are responsible for taking care of their children and educating them so that they can take care of themselves in a timely manner. Because this bond and relationship is so important to the child`s well-being, Michigan has enacted laws to protect that relationship and intervene if the child needs support from one or both parents. Often, these matters go through Michigan Family Court. Not caring for the child and meeting the child`s needs In some situations, you will not be able to file custody records. You cannot file custody complaints if you have not established the paternity of your child. If you already have a court case with the other parent, you may need to file a custody application in this case instead of a complaint to start a custody case.

If a custody claim is served on you and you do not file a response or counterclaim within a reasonable time, the court may default. This means that your custody record can continue without your contribution. You can use our DIY tool “Response” and “Counterclaim for Custody” to create a response and counterclaim that you can file with the court and to avoid defaults. If the parents can agree on custody and access arrangements, the courts will approve the plan as long as it supports the best interests of the child. Otherwise, the court will make this decision: once the affidavit of filiation has been filed, each parent will be able to file an application for custody and apply to the court for an order that will decide custody, parenting time and child support. You can do this by using our do-it-yourself custody case tool (unmarried parents). The traditional family structure has led to the mother of a child being the primary caregiver with the father as a financial service provider. While mothers play a very important role in their children`s lives, fathers are equally important for children`s growth and development. Fathers are also able to be good caregivers for children and are also considered effective breeders. Fathers involved in their children`s lives have also shown that they play an important role in their academic performance as well as in the development of their social and language skills. If one or more parties disagree on the paternity of the child, legal proceedings can help establish paternity through a “parentage order”. The child`s mother or alleged father can file a paternity action as well as the Michigan Department of Social Services if the child receives any public support.

The person bringing the paternity action is called an “applicant” and must file a “paternity complaint” with the local district court in the territory where the child`s mother and child currently live. If the biological father becomes the legal father by signing an affidavit of filiation, he or the mother can bring an action in custody. If the judge signs an order making him the legal father, either party may file an application for custody in the paternity case in order to obtain or vary a custody decision. Decisions on custody, parental leave and child support for married parents are usually made in a divorce case. If you are married, separated and no divorce has been filed, you can file for custody, but you cannot use our forms to do so. The judge orders child benefits based on the child support formula, unless the use of the formula is unfair or inappropriate. Among other things, the formula takes into account income, the number of children and the number of nights each parent has with the children. You can use the MiChildSupport calculator on the Michigan Department of Health and Human Services (MDHHS) website to find out how much support might be for you. After establishing paternity, a father must file an additional lawsuit to obtain a new custody agreement.

However, keep in mind that under Michigan law, it can be very difficult for a biological father to establish paternity and obtain custody if the child`s mother is married to another man, as that man is already considered the legal father of the child. The Office of the Friend of the Court assists the judge in making decisions on custody, parental leave and child support. The friend of the court can meet with the parties, investigate and give the judge a recommendation on custody, parenting time and child support. It depends on the county where your case is located. If you have never been married to your child`s other parent, you must prove paternity before you can initiate custody proceedings. If you need to move your child to a safe place to escape domestic violence, you can do so until the court makes a decision on your move application. If you are involved in a custody battle, consider contacting a qualified Michigan family law attorney. To learn more about your rights, contact Oakland County Attorneys at Elkouri Heath, PLC. We will fight for you. For a free consultation, call our office today at 248-344-9700. If the judge determines that a parent is dangerous to the child, he or she can order supervised parenting time or no parenting time at all. For example, this can happen when a parent is likely to do so: to do this, mom and dad can sign and file an affidavit called an affidavit of parentage.

This is the easiest way to determine paternity. No DNA test or court order is required. If there are any doubts about paternity, get a paternity test before signing the affidavit. If you sign the affidavit of parentage, you waive your right to a paternity test. An affidavit of ancestry is often signed by parents at the birth of their child, but this can be done at any time in the child`s life. “A signed receipt. justifies paternity. [and] The child who is the subject of recognition has the same relationship with the mother and the undersigned man as the father as a child born or conceived in the course of marriage and has the same status, rights and obligations as a child born from birth in a legal marriage. MCL 722.1004. However, this law does not grant the father the same legal rights as a father whose child was born in wedlock.

Eldred v. Ziny, 246 Mich App 142, 149; 631 NW2d 748 (2001). While the Recognition of Filiation Act “establishes paternity, establishes the rights of the child, and provides a basis for court-ordered alimony, custody or parental time without further decision under the Paternity Act,” the Custody Act provides “the exclusive means of seeking custody.” Id at p. 148. The easiest thing that can happen with a custody agreement is for both parents to agree. Courts generally approve custody arrangements between parents as long as they are in the best interests of the child. A husband is the legal father of a child conceived or born during his or her marriage. No one can sign an affidavit of filiation for a child who already has a legal father. To change legal father, the mother, husband or biological father must first receive a court order revoking (reversing) the husband`s paternity. Families come in all shapes and sizes, but raising a child as a single parent is usually quite difficult.

If you are making custody arrangements with your child`s other parent or have concerns about your parental rights, you will likely need professional help. Contact a Michigan family law attorney in your area for reassurance. Child custody and support cases are often overwhelming, and fathers may not be aware of their parental rights. For fathers facing these types of legal issues, a lawyer specializing in paternal rights and family law for the state of Michigan can be an invaluable resource. These professionals can help fully explain a father`s legal parental rights while ensuring that the court respects those rights during their client`s trial. This often contributes to fathers having an ongoing and consistent relationship with their child and to having a fair record with respect to child support. Once the affidavit of filiation has been signed by both parents, and after the legal implications and standards have been explained by hospital staff, the form will be submitted to the Department of Community Health, in particular the Department of Vital Statistics and Health Statistics of the Central Paternity Registry. At that time, the father`s name can be included in the child`s birth certificate. It is important to note that even if a man is married to another person, he can still sign an affidavit of ancestry.

Once this form is signed and submitted, the man becomes the “legal” father of the child. If parents are having difficulty working together, Kathryn Wayne-Spindler & Associates` lawyers can help our clients reach a custody/visitation or support agreement in court. Our goal is to create a plan that follows the laws of the State of Michigan and meets the needs of our clients. Both parents want the opportunity to participate in the child`s life while implementing certain structures and policies to ensure the best interests of the child. If you and the other parent agree on custody, parenting time and child support terms, you can ask the court to make a consent order. The judge must believe that the conditions you have agreed to are in the best interests of your child. .