Can Unmarried Parents in Michigan Seek Custody and Support Similar to Divorced Parents?

Are you questioning if unmarried parents in Michigan can seek custody and support similar to divorced parents in family law cases? Our law firm can help.

Divorce Sometimes Actually Simplifies Family Law

The end of a relationship is never an enviable position to be in. However, things are much more complicated when children are involved. Married couples find some level of simplicity when splitting — because both typically have rights over their child. This raises the question of whether unmarried parents in Michigan have the same rights as divorced parents.?

While it sounds strange, divorce actually simplifies some issues in family law. When two parents are ending their marriage, the courts usually assume that having both parents in a child's life is beneficial. Reaching this assumption is more difficult when the parties weren't previously married, but unmarried parents can still seek child support and custody in Michigan.

Are Child Custody and Support the Same for Unmarried Parents?

Married and unmarried parents will find themselves in two different situations when it comes to child support and custody orders. During a divorce, the court handles these issues as a matter of course. Any final divorce decree will need to include orders that specify child custody, support payments, and parenting time plans.?

When two individuals are not married, they do not have access to this built-in process. However, they do have the right to seek custody and support in a manner similar to divorced parents. The legal processes and standards are mostly the same — although there are a few nuances specific to the circumstances faced by unwed parents.

That's because there is no assumed paternity when a child is born out of wedlock. This can complicate things for fathers. When a married couple gives birth in Michigan, the state assumes that the husband is the father. When a child is born to unmarried parents, securing rights requires navigating an often difficult legal process.?

Establishing Paternity: The Major Hurdle

For an unmarried parent to seek custody and support similar to divorced parents in Michigan, the first step is establishing paternity. If this is not done, a mother cannot seek child support payments from her former partner. Similarly, a father will be unable to enforce any parental rights if paternity is not established. There are two ways to go about this task:

Voluntary Acknowledgement

In a best-case scenario, a voluntary acknowledgment of paternity will exist. This occurs when both parents attest to the fact that the father is a legitimate parent. This is often done at the hospital immediately following birth by signing an Affidavit of Parentage. This is ideal since rights are established early on — often before a relationship has time to sour.?

However, this process doesn't have to take place immediately following the child's birth. Two parents can agree to acknowledge paternity of a child through the courts. Once this is done, issues of child custody and support can be discussed or handled in court. Put simply, this is the easiest way for unmarried parents to secure the same rights as divorced parents in Michigan.?

Seeking a Court Order

Unfortunately, establishing paternity is not always a straightforward process. Watching old daytime talk shows from the '90s gives us a hint as to why. In some cases, a man may not believe he's the father — and in other instances, a woman may not want the father to have access to their child. These and other scenarios can make seeking a court order necessary.?

When paternity is disputed or not voluntarily acknowledged, either unmarried parent can file a paternity suit in court. Once this is done, the court may choose to order genetic testing. When the process concludes and paternity is determined, the father's name can be added to the birth certificate. Additionally, the father gains the legal right to seek custody and parenting time.

The child’s mother then also secures the right to child support payments. A father can secure parental rights by filing a paternity action, but this will create financial liabilities enforced by the courts. This can be a more difficult situation, and modifications are necessary when circumstances change.

Seeking Custody After Paternity Results

Establishing paternity is the only way for an unmarried father to seek custody and support similar to divorced parents in Michigan. However, this process is not automatic. If you're a father who recently established paternity, you've only earned the ability to seek custody and visitation. This will require filing a custody complaint in the county where your child resides.?

During this process, you can seek two separate types of custody:?

• Legal custody: This is the right to make important decisions about your child's life. Examples include healthcare, education, and religious upbringing. Courts can order joint legal custody or award such decisions to a single parent?
• Physical custody: This refers to where a child will reside. A judge can award joint or sole physical custody. Joint custody doesn't necessarily mean equal time — it simply means both parents spend significant time with the child

The court will also decide on visitation issues, typically referred to as "parenting time." While the case is pending, either parent can request temporary orders of custody or visitation. This is also true for child support payments. These orders will remain in place until a case concludes. Of course, drawn-out legal battles can be avoided if parents can reach their own agreement.?

Unfortunately, it's sometimes the case that former partners simply can't get along. Even when the court hands down payment requirements and settles custody issues, parents may still be at odds. So while unmarried parents can seek custody and support similar to divorced parents in Michigan, there's no guarantee that it will be a simple process.?

At the American Divorce Association for Men, we're here to help. Contact us today at (248) 290-6675 to discuss your case.?