{"id":374100,"date":"2018-05-17T12:53:45","date_gmt":"2018-05-17T17:53:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/michigan-law\/michigan-custody-laws-for-unmarried-parents.html"},"modified":"2024-12-31T15:40:23","modified_gmt":"2024-12-31T20:40:23","slug":"michigan-custody-laws-for-unmarried-parents","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/michigan-law\/michigan-custody-laws-for-unmarried-parents.html","title":{"rendered":"Michigan Custody Laws for Unmarried Parents"},"content":{"rendered":"\n
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Michigan Custody Laws for Unmarried Parents<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When a married spouse gives birth to a child, that spouse serves as the child’s mother, and the law presumes that the other spouse (if male) is the child’s father. In Michigan, this includes married same-sex couples. It also includes those who would have married before the legalization of same-sex marriage under the state’s Equitable Parent Doctrine<\/a>.<\/p>\r\n

Married couples generally start on equal footing in divorce cases or custody disputes.<\/p>\r\n

But, establishing child custody<\/a> and determining parental rights can get complicated for unmarried couples. Michigan law specifies that the unmarried person who gives birth to a child is the child’s custodial parent. A person who claims to be the child’s father or other parent must take steps to establish their claim for custody or visitation rights.<\/p>\r\n

Disagreements over parentage may delay or prolong the process of resolving custody issues and parenting time.<\/p>\r\n

The following information focuses on Michigan’s child custody laws for unmarried parents.<\/p>\r\n

Michigan Custody Laws for Unmarried Parents: The Basics<\/b><\/h2>\r\n

Fully understanding custody laws for unmarried parents and the basics of parental rights in Michigan typically requires legal training. Because legal statutes can be confusing, we offer the following summary of Michigan’s child custody laws for unmarried parents.<\/p>\r\n

In a common scenario, an unmarried partner who no longer lives with a child’s mother seeks to establish paternity and a regular schedule of parenting time. (See Paternity Suit FAQs<\/a> for a general explanation).<\/p>\r\n\r\n
Relevant Michigan child custody laws<\/th>\r\n

Chapter 722 \u2014 Children<\/p>\r\n

How custody gets determined in Michigan<\/th>\r\n

If parents can agree on child custody and visitation arrangements, the courts will approve the parenting plan as long as it supports the best interests of the child<\/a>. Otherwise, the court will determine the child’s best interests after hearing the evidence the parties and witnesses presented. When the court decides after a contested hearing, it will issue a judgment that includes the following:<\/p>\r\n

Parental rights for unmarried parents in Michigan<\/th>\r\n
Establishing paternity in Michigan<\/th>\r\n

When a child’s parents aren’t married to each other, it is necessary to establish paternity<\/a> before filing for child custody.<\/p>\r\n

Parents were never married:<\/b><\/p>\r\n