What rights do unmarried parents have in Michigan?

Understanding the Rights of Unmarried Parents in Michigan

In Michigan, as in many other states, the rights and responsibilities of unmarried parents are governed by specific laws aimed at protecting the welfare of children. The law recognizes that every child has the right to financial and emotional support from both parents, regardless of the parents' marital status. Understanding these rights is vital for any unmarried parent seeking to establish or contest paternity, gain custody, or assert their parental rights.

Paternity Establishment

One of the first steps for an unmarried father to secure his rights is to establish paternity. In Michigan, if a child is born out of wedlock, the mother is automatically granted sole custody until paternity is legally established. Paternity can be established either voluntarily through an Affidavit of Parentage or through a court order. The Affidavit of Parentage is typically signed at the hospital at the time of the child's birth but can be completed at a later date as well.

If paternity is disputed, either parent can file a lawsuit to determine paternity, which may involve DNA testing. Once paternity is established, the father gains legal rights to the child and also takes on the responsibility of providing child support.

Custody and Parenting Time

After establishing paternity, unmarried fathers have the same rights to seek custody or parenting time (visitation) as married fathers. In Michigan, courts make custody decisions based on what is in the best interest of the child. Factors considered include emotional ties between parent and child, ability of each parent to provide for the child, stability of home environment, moral fitness of parents, mental and physical health of all parties involved, and preference of the child if they are deemed to be of sufficient age.

An unmarried father who seeks custody must demonstrate to the court that he can provide a stable and supportive environment for the child. If joint custody is not granted, the non-custodial parent usually has the right to parenting time.

Child Support

In Michigan, both parents are financially responsible for their children. The Michigan Child Support Formula calculates support obligations based on both parents' incomes, number of children, and other relevant factors. Unmarried parents have the same obligations to support their children financially as married parents do.

Either parent can request a child support order from the court. Once ordered, it is crucial that child support payments are made on time and in full because failure to do so can result in legal consequences such as wage garnishment or even jail time.

Legal Assistance

Unmarried parents often seek legal assistance to navigate these issues. Family law attorneys can help establish paternity, negotiate custody and parenting time agreements, and ensure proper calculation and enforcement of child support orders.

It's important for unmarried parents in Michigan to understand their legal rights and obligations to ensure their actions are in compliance with state laws and serve the best interests of their children.