A typical family is one in which the parents are wed and have kids. Both parents are assumed to share custody in the event of a custody dispute. What if neither parent is wed yet is listed on the birth certificate? Although the woman is presumed to have custody by the court, the father’s parental rights are still valid.
Fathers may be granted custody or parenting time. To obtain it, the father only needs to activate it. If parents are not married, paternity is not recognized. A process exists allowing a father to exercise his paternity rights and go through the procedure.
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The laws governing child custody, parenting time, and child support change slightly for single couples compared to married ones. If you have a child with someone you are not married to or if you are married with a child and considering divorce, it is crucial to be aware of these disparities. What if both parents are on the birth certificate but they’re not married.
In Michigan, the birth certificate, which serves as the child’s official record of birth, is often created in the hospital where the infant is delivered. It is not used to prove paternity.
[a] If the woman is married at the time of conception or delivery, her husband’s name will be shown as the child’s father on the birth certificate.
[b] If the mother is not married at the time of conception, the baby’s birth, or if the mother has never been married, paternity must first be established before the father’s name can be inscribed on the face of the birth certificate.
Unmarried parents should be aware of three things about Michigan’s paternity laws.
- Why It’s Important to Prove Your Child’s Legal Paternity
- When parents are not married, how do you prove legal paternity in Michigan?
- How to Draft Parenting Time and Child Support Agreements in Michigan that Are Legally Binding
Primary Custody and Paternity
Unmarried parents are subject to slightly different child custody regulations. For instance, regardless of paternity or whether an Affidavit of Parentage exists, the mother will continue to have primary custody of the kid unless a custody order is obtained by the father.
In other words, unless the mother consents or the father initiates a paternity suit and wins the legal battle, he will not be granted visitation rights.
The legislation stipulates support for a child must come from both biological parents. The Michigan Child Support Formula is used to determine how much child support is given. This formula takes a number of things into account. This support are but not limited to the following:
- health protection
- income ranges
- the number of kids
- parenting and education
In other words, whether a person is married or related to the other parent, if they are the child’s biological parent, they must support the child. A paternity test is necessary to determine whether or not someone is a biological parent if it is unclear.
The rights listed below are given up by fathers who sign an Affidavit of Parentage:
- The option to undergo genetic or blood tests to establish his paternity.
- The right to have a lawyer who has been assigned by the court represents him when a judge decides if he is the biological father.
- A trial to discover whether he is the biological father.
These are highly significant rights, and before signing the affidavit, the father must fully comprehend them and feel confident to waive them.
Child Custody and Parenting Time Requires Paternity
The mother is granted primary custody of the child by the affidavit of parentage; the father is not given visitation rights. The father must file a custody case with the relevant Court in order to assert his rights to custody and parenting time. An enforceable court order pertaining to child support, custody, and parenting time is known as an Order of Filiation and was filed with the court. To enforce his rights to custody and parenting time, a father needs this order or something comparable.
The Affidavit of Parentage has certain clear advantages. The signature of the father certifies his paternity for the child. He can exercise his rights to custody and parenting time by having his name added to the child’s birth certificate.
By choosing not to sign an Affidavit of Parentage, a father does not get rid of his need to pay child support. If a father refuses to admit he is the child’s father, he will not be forced to pay support. However, the mother or the State of Michigan may file a child support lawsuit first. A mother might start her own legal action to prove paternity and ask for a child support ruling.
According to Michigan law, the father of a child born outside of wedlock has the option to file two distinct documents in order to safeguard his parental rights if he and the child’s mother are unable to reach an agreement over the child’s parentage.
He may start by submitting a “Notice of Intent to Claim Paternity.” If the father is concerned that the child may be given up for adoption, it may be extremely crucial to submit this before the baby is born. In addition, a father has the choice to wait until after the baby is delivered before bringing a paternity case before the Circuit Court. A court order can be issued following the filing of the paternity action requiring the mother, father, and the minor child to come for testing if a DNA test is necessary.
Custody Arrangements and Parenting Agreements: The Ties That Bind
While it is true that previously mothers were most often granted custody, circumstances are changing, and legally recognized dads now have the ability to file proceedings seeking sole or joint custody of their children as well as actions requesting visitation (officially known as “parenting time”).
Unmarried fathers are now more successful than ever in their pursuit of joint or exclusive physical custody, or at the very least, orders permit them to spend meaningful time with their children.
After establishing paternity, a father will need to take additional legal steps to get a new parenting arrangement. But, bear in mind that if the child’s mother is married to another man, that man will already be presumed to be the child’s legal father, making it extremely challenging for a biological father to establish paternity and win custody rights.
When determining custody arrangements, the courts are required to act in the children’s best interests. However, courts also acknowledge it is not always in the children’s best interests to continue to live with their mother.
The easiest scenario for a custody settlement is for both parents to concur. As long as a custody arrangement is in the child’s best interest, courts will often approve it.
If a child custody arrangement cannot be reached by both parents, the court will decide for them. The court will make decisions on visitation, legal custody, and physical custody. This basically means determining which parent the child will reside with and when a parent without physical custody will have time with the child.
The court may give one parent sole custody or give both parents joint custody.
Before the child is even born, every father needs to be proactive and have a plan in place to enforce his parental rights. An unmarried father can overcome his legal difficulties and concentrate on enjoying fatherhood by receiving legal advice, being aware of his rights, and having a plan in place.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.