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Learn more about what happens when unmarried parents separate in Michigan.
Unmarried parents have slightly different laws regarding child support, custody, and parenting time than married couples. It’s crucial to know about these distinctions if you have a child with someone you’re not married to, or if you are married and considering divorce.
Child Support and Custody for Unmarried Parents
The laws about child custody are a little different for parents who aren’t married. Until the father confirms paternity, Michigan grants the mother full custody of the kid. If the father can demonstrate that he is the biological father but no parenting arrangement has been formed, the mother retains full custody. In other words, the father won’t have visitation rights unless the mother agrees or he files a paternity action and wins in court.
The courts will approve a custody and visitation plan if the parents can agree on the matter. The court will step in and help settle custody disputes and decide custodial and noncustodial parent duties and parenting time. A parent who isn’t a good fit for the child may still be able to visit the child as long as they follow certain rules. If the judge grants joint custody, lawyers, the court, and/or the parents will develop a parenting plan to ensure that both parents spend equal time with the kid.
When it comes to child support, both biological parents must provide for the child, regardless of who has custody. Even if he doesn’t ask for custody, a father who establishes paternity can still be held responsible for child support. If the father fails to make child support payments, the mother can file a petition in court. The amount of child support is based on several factors, including income, education, health insurance, and child care standards.
Disadvantages to Being Unmarried Parents
The consequences of not having the protections and rights of marriage are enormous. It is not assured, for instance, that a mother who has cared for her child since birth will have visitation rights after separating from the child’s father.
Even if a man is named as the father on a child’s birth certificate, it doesn’t mean that he is the father if the mother and father are not married. When a child can’t name his or her own family, it can cause problems and mental stress.
Establishing paternity is a prerequisite to obtaining child support as an unmarried mother. It is up to the child’s father whether or not he agrees to participate in a DNA test to prove his paternity. If paternity is established, the court will issue a child support order requiring the father to pay support.
Talk to a Michigan Family Law Attorney Today
Contact one of our family law experts for a free consultation if you want to know more about Michigan child support and custody for unmarried parents. Set up an appointment with a Goldman and Associates family law attorney today!