Are you a parent in Michigan who’s not married to your child’s other parent? Whether you’re going through a divorce or were never married to that person in the first place, you might be wondering when the mother automatically has full custody in the state. Here’s what you need to know, as well as what you can do to enforce your parental rights if your co-parent tries to keep you from having custody of your child.
Can a Mother Automatically Get Full Custody of a Child in Michigan? Â
There are several misconceptions about child custody cases. One of the most common is that a mother automatically gets full custody of a child when there is a divorce. The misconception was born out of old stereotypes, gender roles, and court biases of the past. Today, Michigan courts prefer that custody be shared between both parents, as they recognize the value of encouraging both parents to build a loving and meaningful relationship with a child. That said, there are instances where a mother may automatically gain full physical and legal custody of a child under Michigan law.
In Michigan, the mother automatically gains sole legal and physical custody of a child when that child is born to unwed parents. Unmarried fathers must establish paternity of the child before the court can award them custody. After all, while the identity of the mother is necessarily a known fact, the identity of the father is not.
On the other end of the spectrum, married couples are both assumed by the courts to be the legal parents of a child unless a paternity test proves otherwise.
Establishing Paternity in Michigan
A mother may automatically gain sole legal and physical custody of a child if she is unmarried. Still, there are steps a partner can take to establish paternity and exercise their legal rights. The first is to legally confirm the child’s paternity.
There are two primary ways to establish paternity in Michigan. First, parents can voluntarily establish paternity, meaning both parties agree to name the child’s father via an Affidavit of Parentage. The other way is to petition a family court to establish paternity, typically through genetic testing. Generally, a father’s name can only go on a child’s birth certificate once paternity is proven.
Once a father has established paternity of a child, they can begin asserting their parental rights by seeking visitation or joint legal or physical custody. In cases where it is not in the child’s best interests to be in the mother’s custody, the father can petition the courts for sole legal or physical custody.
A Compassionate Family Law Attorney Can Help You
If you need help establishing paternity or want to learn more about your legal rights as a parent, contact an experienced family law attorney for help. At The Smith Law Firm, our legal team can evaluate your situation and find legal solutions to your family law issues.
Contact our office today and arrange for a confidential legal consultation with an experienced Michigan child custody lawyer serving Wayne, Oakland, Washtenaw, and the surrounding counties.
