What rights do unmarried fathers have in Michigan child custody cases? The answer depends on whether the father has established legal paternity. If you believe you’re a father but haven’t established paternity, then the mother has primary custody under Michigan law. Once you’ve established paternity, you have the right to seek a court order for visitation or custody.
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The Rights of Unmarried Fathers in Michigan
The rights of a father in Michigan depend on legal paternity. If you haven’t established paternity, the court doesn’t assume you’re the father, so you don’t have legal rights. If you have established paternity, you have the right to petition the court for parenting time or custody.
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Establishing Paternity in Michigan
Michigan will automatically consider you the child’s father if you’re married when the child is born. If you’re not married, there are three ways to establish paternity in Michigan:
- Both parents can sign an Affidavit of Parentage. This means they both acknowledge the identity of the father.
- Either parent can file a paternity action, asking the court to establish paternity with a DNA test.
- You can adopt the child.
If you and the mother agree that you are the father and want you to be involved in the child’s life, the easiest option is to sign an Affidavit of Parentage. If the mother won’t acknowledge you as the father and won’t facilitate your efforts to establish a relationship with your child, your only option is to file a paternity action. You must file your paternity case in the county where the mother lives unless she doesn’t live in Michigan. If you live in Michigan but the mother does not, you can file in the county where you live.
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Your Rights Once You’ve Established Paternity
If you’ve established paternity and the court considers you the father of the child, you can petition the court for:
- Parenting time, also known as visitation. This is a scheduled time with your child.
- Joint custody. This means the child will live with you some of the time and with the mother some of the time. Courts generally prefer this option.
- Sole custody. This means the child will live with you full-time, although the court may grant parenting time to the mother. The court will only grant you sole custody if it decides that granting custody to the mother is not in the child’s best interest.
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How the Court Will Decide Custody and Parenting Time
The court will decide on child custody and parenting time based on the child’s best interest. In Michigan, the best interest of the child is determined based on:
- The love between the parents and the child
- The capacity of each parent to raise the child with love and affection
- Each parent’s ability to provide food, clothing, and medical care
- How long has the child lived in a stable and satisfactory home
- The permanence of the proposed living situation
- The physical and mental health of each parent
- The child’s record of behavior at school, at home, and in the community
- The child’s reasonable preferences
- Each parent’s willingness to facilitate a healthy relationship between the child and the other parent, except in cases of abuse
- Any history of domestic violence
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If you want to pursue a child custody claim in Michigan, you should evaluate these factors and put yourself in the best position you can before filing for custody.
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Protecting Your Rights as an Unmarried Father in Michigan
Contact a family law firm to protect your rights as an unmarried father in Michigan. The Smith Law Offices, P.C., has extensive experience with child custody cases and knows how to help you stand up for your rights as the father. If you want to establish paternity in Michigan, contact the Smith Law Offices, P.C., today.
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