Michigan Custody Laws for Unmarried Parents

Chapter 722 — Children

• Sections 722.1 to 722.6 — Status of Minors and Child Support
• Sections 722.21 to 722.31 — Child Custody Act of 1970
• Sections 722.711 to 722.730 — The Paternity Act
• Sections 722.1001 to 722.1013 — Acknowledgement of Paternity Act
• Sections 722.1461 to 722.1475 — Genetic Parentage Act
• Sections 722.1491 to 722.1503 — Summary Support and Paternity Act

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. 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:

• The custody order identifies which parent(s) will make important decisions for the child (legal custody) and how the parents will engage in parenting time (physical custody).
• Sole custody means only one parent has legal custody. Joint custody means that the parents share legal custody.
• Parenting time (visitation) relates to physical custody as it deals with where the child lives. Courts often approve a parenting time schedule presented by one or both parents.
• Courts will evaluate any claims of domestic violence, child abuse, or substance abuse by a parent before determining parenting time or custody of a child.
• The custody case concludes when the court issues a judgment entry containing a custody and parenting time order.

• Unmarried fathers have the right to claim paternity (Notice of Intent to Claim Paternity) before or after a child is born.
• Unmarried fathers have no legal right to support or visitation if the mother was married during the birth of the child. They must go to court and bring a paternity action first, then seek an order related to parental rights.
• Unmarried fathers may get possession of their child and gain legal custody through adoption or a court order.
• Courts presume primary custody with the unmarried mother until the biological father gets a court order of custody rights.

When a child's parents aren't married to each other, it is necessary to establish paternity before filing for child custody.

Parents were never married:

• May file an Affidavit of Parentage either at the time of the child's birth or at any time after (this is voluntary) to claim custody.
• If filed after leaving the hospital (or at any time after birth), the birth certificate will not be automatically changed after the affidavit gets filed. You will also need to complete an Application to Add a Father to a Michigan Birth Record.

Mother is married to someone other than the father:

• The mother's husband is the presumptive legal father of the child. To change this status, the mother, her husband, or the biological father must first get a court order revoking the husband's paternity.
• To revoke the husband's paternity, the petitioner (parent seeking the action) must file an Affidavit to Revoke Acknowledgement of Parentage. Along with such a request, the petitioner may seek an order for a paternity test.

Disputed paternity:

• Unmarried parents may ask the local family court to intervene when the paternity of a child is in doubt or dispute
• To start the process, you may contact the Michigan Department of Health and Human Services or a local attorney
• The court can order genetic testing of the child and the possible father(s) to establish the child's other biological parent