If you are in an unmarried relationship and need assistance with getting custody of your child this is the place you need to be. Situations like these can be complicated, draining, and stressful but with a few tips and our attorneys at Goldman and Associates, you will be in the right position to get custody of your child.
What is Child Custody in Michigan?
In The State of Michigan, there are two types of custody, one is legal custody and the other is physical custody. Legal custody allows the parent to make key decisions that impact the child’s life long term. For example, what school the child attends, the medical care the child receives, etc. Physical custody is the right to have possession and control over the child. In other words, physical custody is who the child primarily resides with.
In most standard divorces, when parents want custody the court will equally divide physical, legal, or both custody of the child. In a relationship where the couple is unmarried things are very different. Because there was never a marriage and no divorce is in play there’s only so much that can be done. In most cases, the court will give full custody to the mother of the child but it depends on many factors and elements.
How do Unmarried Couples Get Child Custody in Michigan?
Because the couple is not married there are not a lot of options for the court to equally divide every aspect of child custody. If both parties can agree on an arrangement the court can figure something out. But in most cases, one or the other parent wants sole custody of their child. In Michigan when an unmarried couple separates, the mother of the child gets primary custody of the child. Even if the other party is a biological father, he cannot get legal custody unless he gets an order from the court, the biological father has no visiting rights or any kind of custody if the couple is unmarried.
Father’s Rights When Parents Aren’t Married
“How do I get custody of my child if I am the father?” Most people believe that just because of their gender they cannot get child custody. In an unmarried relationship, it may even look more hopeless, but the fact is this isn’t always the case. A while ago there used to be a gender bias in favor of women when it came to child custody.
Even if there was countless evidence showing that the father was a better fit to have custody of the child, the mother usually won the case. This is not the case anymore in our time. The court does not only evaluate the quality of the father and mother but looks at the best interest of the child. Focusing on the best interests of the child and why it is in the best interest of the child to be with the father is the most important factor in a child custody case.
Mother’s Rights When Parents Aren’t Married
When you are married the law presumes an equal footing between both parents and tries to give out the most equal decisions when it comes to child custody. But when it comes to a nonmarital union, there is a presumption that the mother will get full custody of the child. If you are not married you will not have to rush to the court to get custody of your child because by the law of Michigan you already have full custody. If the other party sues you or tries to get custody of the child then getting an attorney is necessary to defend yourself and your child in court.
Conclusion
No matter who you are, if you are in an unmarried relationship and want child custody, understand that the mother has the initial right to have sole custody of the child. If you are the father in the relationship then you will have to go to court and file for custody. Regardless of your position in the relationship if both parties are in conflict about child custody contact Goldman and Associates now to speak to an attorney. These types of cases require a professional to help guide you and direct you to a place to get the best outcome that you desire. If you need more information regarding child custody in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your custody matter. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the best outcome you desire.
For more information on custody in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about custody in Michigan.
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Resources
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