If you’re an unmarried mother in Michigan, you might wonder what rights you have as a parent. Under Michigan law, when a child is born to unwed parents, the mother has sole legal and physical custody by default. That means you’re in charge of important decisions like schooling, healthcare, and daily life until a court says otherwise.
Understanding your rights can give you peace of mind and help you make better choices for your family, but that doesn’t mean you’ll never face challenges. If the father seeks to establish parental rights and takes steps to do so, you’ll want to be prepared.
Why Establishing Paternity Matters
For an unmarried father to get custody or parenting time, he must establish paternity. Once the father has been legally acknowledged as having a parental relationship with the child, both parents can ask the court to set up custody and parenting time arrangements.
Establishing paternity gives the father legal rights and responsibilities toward the child, allows the child to access certain health insurance and inheritance benefits, and opens the door for child support. Paternity can be established by signing an Affidavit of Parentage or through a court order.
Types of Custody for Unmarried Parents
Michigan recognizes two main types of custody for unwed parents, and knowing the difference can help you plan for your child’s future.
Legal custody extends to important decisions about the child’s upbringing, such as education, medical care, and religion. Physical custody, meanwhile, is about where the child lives day-to-day. Either type can be sole (just one parent) or joint (both parents sharing responsibilities).
It’s important to remember that even if you have sole custody now, the court could change that if the father files for custody and the judge believes shared custody is in your child’s best interests. As such, it’s always best to be ready for all possibilities.
Factors Courts Consider When Deciding Custody
Every family is different, so Michigan courts look at many factors when determining custody. They prioritize what’s best for the child, not what’s easiest for the parents. Here’s what judges typically look at:
- The emotional bond between parent and child
- Each parent’s ability to provide food, clothing, shelter, and medical care
- The stability of each parent’s home environment
- The child’s adjustment to home, school, and community
- Each parent’s mental and physical health
- Each parent’s willingness to support the child’s relationship with the other parent
Make it a point to keep detailed records of your involvement with your child, including evidence of healthcare visits, school events, and daily routines. Doing so can show that you’re providing a safe, loving environment.
What Unmarried Mothers Should Know About Child Support
As an unmarried mother, you can request child support once paternity has been established. Michigan law says both parents must support their child financially, no matter their relationship status. The state employs a formula that considers both parents’ incomes and how much time the child spends with each.
Protect Your Rights With Gucciardo Family Law
Just because you’re unmarried doesn’t mean you should have to face difficult custody questions alone. The compassionate team at Gucciardo Family Law has helped countless unwed mothers understand their rights. Contact us today to set up a consultation and safeguard your child’s future.
