Raising a child is a life-changing responsibility, and for unmarried parents in Michigan, understanding your legal rights and obligations is crucial. Whether you’re navigating the early stages of parenthood or facing a dispute over custody or child support, Michigan law offers protections—but also presents unique challenges—for parents who are not legally married.
At Steslicki & Ghannam, PLC, our family law attorneys assist unmarried parents in Plymouth and throughout Michigan in protecting their parental rights while prioritizing their children’s best interests.
Legal Paternity: The Foundation of Custody and Support Rights
In Michigan, legal paternity must be established before a father can assert custody or parenting time rights, or before a mother can seek child support from the father. When a child is born to unmarried parents, the father is not automatically recognized as the legal parent unless both parties sign an Affidavit of Parentage. This document grants the father legal recognition, which is essential for pursuing custody or being held accountable for support.
If paternity is not voluntarily acknowledged, either parent can petition the court for DNA testing to determine parentage. Once paternity is legally established, the court can proceed with establishing custody, support, and parenting time orders.
Custody Rights for Unmarried Parents in Michigan
Custody for unmarried parents in Michigan is governed by the same legal standard used in divorce cases: the best interests of the child. However, unmarried mothers are automatically granted sole legal and physical custody at birth until a court order says otherwise. This means that, even if the father is listed on the birth certificate, he has no legal right to custody or visitation until the court establishes it.
Once paternity is confirmed, either parent may request joint legal custody, joint physical custody, or both. Legal custody enables a parent to make significant decisions regarding the child’s upbringing, including education, healthcare, and religious matters. Physical custody refers to the arrangement where the child resides. Courts consider several factors, including each parent’s relationship with the child, the home environment, and the willingness of each parent to foster a relationship with the other.
Child Support Obligations for Unmarried Parents
Both parents have a legal duty to support their child financially, regardless of their marital status. In Michigan, child support is calculated based on several factors, including each parent’s income, the amount of time each parent spends with the child, and the child’s specific needs. The Michigan Child Support Formula is used to create a fair and consistent support order.
If you’re an unmarried parent seeking support—or being asked to pay—you have the right to a fair calculation based on accurate financial information.
How Our Plymouth Family Law Attorneys Can Help
At Steslicki & Ghannam, PLC, we understand how emotionally and legally complex these issues can be. Our experienced family law attorneys work with unmarried parents to establish paternity, negotiate parenting time arrangements, and resolve child support disputes efficiently and with compassion.
Contact us today to schedule a consultation and take the next step toward protecting your rights—and your child’s future.