Navigating child custody can be emotionally challenging — and when parents are unmarried, there are additional legal steps to understand. In Michigan, family law provides a clear framework for how custody (both decision-making and physical) is determined, but unmarried parents face some initial legal presumptions. Here’s a breakdown of how it works and what unmarried parents should know.
Legal Parentage: Establishing Paternity Is Key
For an unmarried father to gain custody or parenting time rights, he must first be recognized as a legal parent. Simply being the biological father isn’t enough. Michigan offers two main ways to establish legal paternity:
- Affidavit of Parentage: Both parents can sign this document—often done at the hospital when the child is born.
- Court Action: If there’s disagreement, the father may ask for a court-ordered DNA test and a “filiation” judgment.
Until paternity is legally established, the father has very limited rights in custody matters.
Initial Custody Presumption
- Once a valid affidavit of parentage is on file (or paternity is otherwise legally recognized), the mother is still presumed to have initial custody (both legal and physical) in the absence of a court order.
- This presumption doesn’t prevent the father from seeking custody; it merely reflects who has the default rights in the absence of a judgment.
Types of Custody in Michigan
Michigan distinguishes between:
- Legal Custody: Who makes major decisions about the child’s life (school, religion, medical care).
- Physical Custody: Where the child lives most of the time.
These can be awarded as “sole” (one parent only) or “joint” (both parents) custody.
Parenting Time (“Visitation”)
- In Michigan, “parenting time” is the legal term for what many call “visitation.”
- The law presumes that frequent and meaningful contact with both parents is in the best interest of the child.
- However, if a parent poses a risk to the child’s physical, emotional, or mental health, a court may restrict or deny parenting time—but it must show “clear and convincing evidence” to do so.
- Courts may also order supervised parenting time if safety is a concern.
How Courts Decide Custody
If parents can’t agree on parenting time or custody, Michigan courts step in. The judge’s decisions are guided by:
- Whether the child has an Established Custodial Environment (ECE) with one or both parents.
- The “Best Interests of the Child” standard: Michigan law lists a set of factors a judge must weigh, such as emotional ties, parental capacity, stability, moral fitness, the child’s preference (if old enough), domestic violence, and more.
- In custody disputes, the court may allow both parents to present evidence about these factors before forming an order.
Modifying Custody Orders
- Custody or parenting time orders can be changed later, but the parent requesting the change must show “proper cause” or a significant “change in circumstances.”
- If there is already an ECE, the parent asking for change must prove by clear and convincing evidence that the modification is in the child’s best interests. Otherwise, a lower standard (“preponderance of evidence”) may apply.
Role of the Friend of the Court (FOC)
- Many custody and parenting time cases in Michigan involve the Friend of the Court (FOC), a division that helps parents reach agreements and makes recommendations to the judge.
- FOC also provides “Parenting Time Guidelines” — sample schedules, advice for different child ages, special situations (long-distance parenting, safety risks, etc.).
Other Legal Obligations
- Regardless of custody, both parents are responsible for child support.
- Once paternity is established, fathers may also be required to contribute to the child’s healthcare, education, and other needs.
Why These Laws Matter for Unmarried Parents
- Protecting Parental Rights: Without establishing paternity, an unmarried father may be excluded from decision-making or quality time.
- Stability for the Child: Courts aim to preserve or create an established custodial environment, which protects the child’s routine and emotional well-being.
- Clarity & Predictability: A court-ordered parenting time schedule helps minimize confusion, conflict, and unfairness.
- Flexibility: Custody orders are not forever — modifications can be made if family circumstances change.
FAQ
Q1: If I’m an unmarried father and I sign the birth certificate, do I have custody rights?
Not automatically. In Michigan, simply being named on the birth certificate does not guarantee custody or parenting time. You typically need to sign an Affidavit of Parentage or go to court to establish legal paternity.
Q2: Can my child live with me even if the mother has initial custody?
Yes — once paternity is established, you can petition for physical custody and parenting time. The court will decide based on what’s in the child’s best interests, considering various factors.
Q3: What happens if the other parent is dangerous or abusive?
The court takes that very seriously. Parenting time may be restricted, supervised, or even denied if there’s clear and convincing evidence of risk to the child’s physical, emotional, or mental health.
Q4: Can I change the custody order later?
Yes, but you must show either “proper cause” or a “change of circumstances.” If there is already a stable custodial environment, you’ll need strong evidence (clear and convincing) to convince the court to change things.
Q5: Do I need a lawyer?
While it’s possible to navigate custody without a lawyer, many unmarried parents benefit from legal help — especially when establishing paternity, crafting agreements, or going to court. The Friend of the Court can also assist you with mediation and setting parenting time schedules.
Final Thoughts
For unmarried parents in Michigan, the journey to custody and parenting time begins with legal recognition of parentage. Once paternity is established, both parents have the opportunity to seek custody, but the court’s primary concern will always be what’s best for the child. Understanding the legal framework, using resources like the Friend of the Court, and considering professional legal counsel can make a big difference in protecting your rights and building a stable, healthy arrangement for your child.
About the Author
