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How is custody determined when unmarried parents separate?

On Behalf of | Apr 5, 2025 | Child Custody

When unmarried parents choose not to be together, figuring out an ideal child custody arrangement can be a challenge. Unlike married couples who go through divorce proceedings, unmarried parents must establish legal rights and responsibilities concerning their children separately.

Unmarried parents are required to navigate legal channels to establish custody and parenting time rights. Michigan family courts give judges discretion to determine the most suitable arrangement that will allow the children in question to thrive if parents cannot agree to terms on their own.

Custody determination for unmarried parents

The Great Lake State’s law generally awards parental rights to both mothers and fathers, even if they aren’t married when their child is born. In cases of separation between unmarried parents, the courts allow parties to agree to a suitable custody arrangement.

If they cannot, the legal custody and parenting time must be determined through the courts. When courts are involved, custody decisions hinge on the assurance that the final arrangement will allow the child to thrive. It’s important to note that the legal steps involved in establishing custody can be more complicated if paternity has not been established.

Paternity establishment

Establishing paternity is the first step in determining custody for unmarried parents in the Great Lake State. Unmarried fathers must legally establish paternity for their rights as parents to be recognized.

Unmarried parents can establish a child’s paternity at birth by signing a Voluntary Acknowledgment of Paternity (VAP) form. Suppose there is a dispute regarding paternity; either parent can request a court-ordered DNA test to determine the biological father.

In some cases, the mother or father may need to ask for court intervention to establish paternity. This is especially ideal if there is confusion about who the biological father is. Once the court confirms paternity, the father has legal rights concerning custody, parenting time and child support.

When unmarried parents in Michigan separate, custody decisions can be challenging. Luckily, the legal process is designed to focus on an arrangement that will allow children to thrive. Seeking legal support or working with a mediator can be beneficial for unmarried parents who are navigating this process.