There’s no debate about who the children’s parents are in a marriage. The law sees any child born in the marriage to belong to both parents. Your unmarried partners stay as boyfriends or girlfriends. Once you have a child while unmarried, your claim for paternity is not automatic. How about visiting rights with a former partner? Do you have access to your child? What do you mean, ex? Do you mean former spouse or former girlfriend? What difference does it make? Are parental rights for an unmarried couple in Michigan different?
Click here to watch the video on Parental Rights for an Unmarried Couple
The short answer is no, it doesn’t. Marriage is not a requirement to have the right or ability to visit your child. You were in a non-marital relationship. You now have a child. There is no longer a relationship. Are you entitled to see your child? Yes. You and your ex-girlfriend should be able to agree on a parenting schedule. What if you are unable to agree upon parenting time? What do you do? Ask your family law attorney in Michigan to submit a parenting time motion. You have the right to be with your child. You have the right to request your parenting time in court. There is a presumption of paternity if you are married. The non-marital partner has the right to refuse you. This becomes a DP case. A request to confirm paternity. A way to assert paternity. Hearings may be held in court. The court can enter the relevant parenting time orders.
Are there significant differences between a married and unmarried couple in Michigan?
It is presumed that the parents of any children from the marriage will share legal custody. All that while dividing physical custody in a Michigan divorce. The biological mother is presumed to have sole legal and physical custody among unmarried couples in Michigan. The mother automatically becomes the custodial parent. The father must still prove his paternity. A father can do it through legal and extralegal channels. With the mother’s permission, unmarried dads can establish paternity. You can do this by signing an Affidavit of Parentage at the hospital where the child is born or at a later date.
A father can establish parentage. He can do it via a process that often includes genetic testing. This is the more definitive way of showing a biological connection. A father must take extralegal steps to establish a parenting plan. This is after hurdling the challenge of proving paternity. The child’s mother is married to another man. That man will already be presumed to be the child’s legal father. This will make it very difficult for a biological father to prove his paternity. And subsequently, establishing parental rights.
Should you pursue visitation rights while your ex-girlfriend is pregnant?
You ended your relationship with your girlfriend. You found out now she is expecting. Should you fight for visiting rights? When choosing this choice, keep the following things in mind:
- Your relationship with the mother. You might still get along fine. She might agree to visitation while she’s expecting.
- Mother’s well-being. There can be serious health issues. Medical complications may be made worse by the stress of visitation.
- The child’s needs. The best interests of the child should always be the primary consideration. Do you believe visitation during the mother’s pregnancy is in the best interests of the child? If yes, then you should pursue it.
Talk to the mother about your desire for visitation. Work together to come up with a visitation schedule. You may find something that works for both of you. The court would want proof of your fitness as a parent. You will have to show the financial support you provided to the mother and unborn child. Have you been involved in the different stages of pregnancy? Document your moments with the mother while having an ultrasound. Keep records of laboratory and examination appointments.
How does custody work for unmarried couples in Michigan?
Until the biological father can prove his paternity and obtain a court order granting him custody rights, unmarried mothers in Michigan are presumed to have primary custody of their children. Affidavits of Parentage can be signed at the hospital when the child is born or later on by unmarried fathers who wish to voluntarily establish paternity with the mother’s consent. A father can legally prove parentage if paternity is in dispute. This usually entails genetic testing to demonstrate a biological connection.
Fathers can have custody
Moms were more often granted custody in the past. The times have changed. Dads today can file proceedings to get sole or joint custody of their children. They can also file actions to gain visitation. Today fathers can secure joint or sole physical custody of their children. At the absolute least, fathers can get court orders allowing them to spend time with them. It is now more successful than ever for fathers who are not married to have all that.
If you can’t decide, the court will
The best custody arrangement for the child may not always be agreed upon by the parents. Parents who can’t come to an agreement may have to go to court for a ruling. Make sure to consult an experienced Michigan child custody lawyer. Visitation, legal custody, and physical custody are all subject to court decisions. A ruling can impose which parent the child can live with. The court can choose when to grant visitation rights to a parent with no physical custody. Parental shared custody may be granted by the court. The court can also rule to provide sole custody to only one parent.
Before the child is even born, every father needs to be proactive. Have a plan in place to assert your parental rights. Unmarried parents who are aware of their rights, can seek legal help. You better have a strategy in place to get through your legal issues. Preparation will help you focus on enjoying parenthood.
What rights do fathers have in an unmarried relationship?
You are a single man who recently learned that you are going to become a father. You want to exercise your parental responsibility. Your fatherly rights are safeguarded by the law. Many individuals continue to think that moms are treated more favorably by the law. Unmarried biological fathers are permitted by law to claim fatherhood. Paternity for children born outside of wedlock is established by the Paternity Act. This Act was adopted in 1956. It has undergone numerous revisions. The Paternity Act offers a number of ways to prove paternity, including:
Acknowledgment of parentage
A man can acknowledge paternity by signing an acknowledgment of parentage form. The form must be signed by the man and the mother of the child. Two people not related to either parent must stand witness to the signing.
Voluntary declaration of paternity
A man can declare paternity by filing a petition with the court. The declaration must be voluntary. The petition must be accompanied by genetic testing results. The results should prove that the man is the biological father of the child.
Court order
A court can order a man to be declared the father of a child if it finds that he is the biological father of the child. The court may order genetic testing to determine the child’s biological father.
Asserting the father’s parental rights
The father has the same rights and responsibilities as a married father. This includes the right to:
- Visit the child
- Be involved in the child’s upbringing
- Pay child support
More things to keep in mind
Things to keep in mind about the Paternity Act of Michigan:
- The mother of the child can also establish paternity. She can do this by signing an acknowledgment of the parentage form. She can opt to file a petition with the court.
- The parents may not agree on who the father of the child is. The court will then decide. The court may order genetic testing to determine the child’s biological father.
- The father has the right to seek custody once paternity is established. He can claim visitation of the child. The court will decide what is in the best interests of the child when making these decisions.
- The father is also responsible for paying child support. The amount of child support will still be determined by the court based on the parents’ incomes. And of course, the needs of the child.
The Paternity Act also provides some protections for children born out of wedlock. The Act requires that children born out of wedlock be given the same last name as their mother. It prohibits discrimination against children born out of wedlock. Allow them access to opportunities in matters of education, employment, and housing.
How can a father assert his rights in an unmarried relationship?
People have this old belief. They believe the mother of the child has complete control over your right as a father. Being unable to visit. Being unable to live with your child is one concern that could arise. Michigan law recognizes your parenting responsibilities as a father. The legal system grants you the right to claim paternity. You have the right to ask for custody. Petition for visitation privileges.
Start a paternity case
The best move for a biological father is to start a paternity case. Options are available under Michigan law. There are documents a father of an unmarried child can submit. These documents can safeguard parental rights. The father and the child’s mother can disagree on the parentage of the child. A “Notice of Intent to Claim Paternity” can be used to start legal action. This document safeguards the child from possible adoption. Any adoption action is halted. It is stopped by this declaration of paternal intent. File this before the baby is born.
A father may choose to put off bringing a paternity case until the child is delivered. He has the option of filing it with the Circuit Court. A judicial order is issued after the paternity action has been filed. A court orders a DNA test. The mother, father, and minor child show up for testing. Today, fathers have the same rights and responsibilities as other parents. He is granted paternal rights once paternity has been confirmed. These paternity rights consist of:
- Getting legal and physical custody of the child.
- Getting involved in decisions affecting the child.
- Quality time spent with the child.
- Being responsible for child support.
Custody of the child has now been granted to the biological father. A judge may grant the father’s request for financial support for the child.
Request custody and visitation
Moms used to get custody more often in the past. Things are changing. Legal fathers are eligible to file for sole or shared custody. They can ask for parenting time or visitation as well. Today’s single fathers have greater success than ever. Or, at the very least, ask for directives that are in their favor. Court orders that let them interact with their children in a meaningful way. What is best for the children is the standard by which the courts decide custody disputes. The courts know that the children may not always benefit from staying with their mother. A lawyer should be consulted if you’re a father who isn’t married and has any concerns. Request information on parental rights. Learn about the rights to which you are entitled under Michigan law.
Do you think the court is biased against fathers when it comes to parental rights?
We don’t blame you if you think the courts are biased against fathers in child custody cases. We’re telling you now that it isn’t. Most states have put in place systems and policies to remove gender-based issues. Michigan is no exception. We do try harder here. Our firm knows this by experience. Gender-based biases in the judicial system are approaching a bygone era. There are still things to work out but as far as family law, a father is on the same footing with the mother in custody cases.
The data is the truth
In Michigan, women are given custody in 51% of instances, and joint custody is awarded in 40% of cases. Fathers are given custody in 7% of cases. Most of these settlements were reached between the parties concerned outside of court. In court, only 4% of child custody cases are settled. Judges’ gender impartiality is a topic that is no longer even up for debate. Priority should be given to the needs of the child. Courts focus on the child before resolving disputes between husbands and wives. In Michigan or any other state, neither gender is discriminated against by the legal system. This happens in custody disputes. The findings show that these custody disputes are settled by the parents themselves. The judges are not even taking them into account. Your goal should be to prevent a trial if you are going through with a divorce.
The statistical fact is that 98% of divorce cases are settled outside of court. Parental control over parenting time and custody is possible. Both parents can agree on that. Parenting time and custody are something that the parents, not the courts, can decide. 90% of child custody disputes were settled without litigation. According to data from 2018, women were selected as the primary caregivers in 79.9% of these agreements. In 2014, fewer mothers received the privilege of being the custodial parent. This is out of the 82.5% that these figures show. Fathers may be preferred as custodial parents if this trend persists. The parents collectively decided to do this, not the judge.
The court is making fewer decisions about custody
The courts in Michigan deal directly with a small number of cases. Most of the time, the legal system has been gender-neutral. Courts deal with 2% of divorce cases and 4% of custody battles. We can say that 90% of the time, moms get to keep the children. We mean that both partners were in agreement. They consented as a result of an out-of-court settlement. The mother is handed custody of the child. The court was not consulted at all in making this choice. As a result, fathers will have to make larger child support payments. In the US, full-time employment is held by 74.3% of fathers who have custody of their children. In terms of custody, fathers are not in a particularly bad situation.
In its rulings and judgments, the legal system has done a decent job of reducing gender bias. The court only makes decisions in a limited part of divorce and child custody cases. Shared parenting time is a joy for both parents. The majority of the gains go to the children. Both parents have an equal say in the decisions. Decisions on child custody involve both parents more often. The legal system is not flawed in regards to fathers’ rights, in the opinion of the dads.
So you are an expectant father. Your relationship with the mother has ended before the pregnancy. It’s natural to have questions about your rights and responsibilities. You may have some reservations. Especially on pursuing visitation during her pregnancy. Understand your legal rights. It can enlighten you on how to approach this delicate situation. Help you make informed decisions that are in the best interests of both you and your child. Establishing visitation rights is good assuming no deep animosity exists. Starting early can help reconnect with your ex-girlfriend. It will have a positive impact on your future relationship with your child.
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