By Olivia Wathne, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed July 12, 2024
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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 alsoincludes those who would have married before the legalization of same-sex marriage under the state's Equitable Parent Doctrine.
Married couples generally start on equal footing in divorce cases or custody disputes.
But, establishing child custody 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.
Disagreements over parentage may delay or prolong the process of resolving custody issues and parenting time.
The following information focuses on Michigan's child custody laws for unmarried parents.
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.
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 for a general explanation).
| Relevant Michigan child custody laws | Chapter 722 — Children
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| How custody gets determined in Michigan | 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:
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| Parental rights for unmarried parents in Michigan |
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| Establishing paternity in Michigan | 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:
Mother is married to someone other than the father:
Disputed paternity:
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
Families come in all shapes and sizes, but raising a child as a single parent is generally quite challenging. Although custody, parenting time, and child support are separate issues, they may have an impact or relate to one another.
Perhaps you're working out child custody arrangements with your child's other parent. Or you have concerns about your parental rights, you'll likely need professional help. Contact a Michigan family law attorney near you for legal advice.
Contact a qualified attorney.
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