How Can A Father Get Full Custody In Michigan?

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Even though fathers are not fairly treated by the courts, extremely few of them receive complete custody. According to census data, men make up 17.5 percent of custodial parents. Though there can be various explanations, if you’re a father seeking full custody, it may be difficult not to feel discouraged by this. The process may be challenging, but it is not impossible. This article will provide you with an overview of how one father can immediately get full custody of his child.

Fathers Filing Custody if Not Married with the Other Parent and Have an Affidavit of Parentage

You can file a custody case if you and the other parents signed and submitted an Affidavit of Parentage, established paternity, and your child has a legal mother and father. If you and your child’s other parent were never married, the Affidavit of Parentage can be used to establish paternity. It will also be required to start a custody case if you and your child’s other parent were never married.

According to the Michigan Child Custody Act, a child’s connection with both parents should be positive. To establish whether custody arrangements are in the best interests of the concerned child or children, Michigan courts use a set of criteria known as the best interest factors. Matters of child custody will always be under the goal of protecting the child’s best interests as much as possible. The court respects parental rights regardless of whether the parents were previously married or divorced.

How to Establish Custody When the Mother Was Married to Someone Else While Pregnant

The husband is considered to be the legal father of a child conceived or born during a marriage. An Affidavit of Parentage cannot be signed for a child who already has a legal father. The mother, her husband, or the biological father must first get a court order canceling or revoking the husband’s paternity to change the legal father.

To do this, you must submit a Motion or Complaint to Determine Child Born Out of Wedlock to request that the judge remove the husband’s fatherhood. The biological father can become the child’s new legal father by an Affidavit of Parentage or court order if the judge revokes the husband’s fatherhood. If the biological father becomes the legal father by signing an affidavit, he or the mother can file for custody. If the judge signs an order pronouncing him the legal father, either party may file a motion to obtain or amend a custody order.

Michigan Lawyers’ Advice for Gaining Child Custody

This move to establish paternity will not mean an immediate grant of child custody. The court needs to evaluate the intention or sincerity of the father to prove the latter’s worthiness as the primary caregiver. Moreover, any ongoing cases of abuse or criminal charges against the parent will mean it is difficult to grant child custody. Whatever circumstance suits you in matters concerning this matter, you have to talk to your legal adviser or lawyer for the right thing to do.

If you are a father seeking to get full custody in Michigan, contact Goldman and Associates Law Firm. We are one of the leading family law legal consultations and services for family and other related cases. We employ expert attorneys that can help you before, during, and after any legal proceedings. Book an appointment for prompt legal action.