In Michigan, as in many other states, there are an increasing number of couples who choose to live together without getting married. While these couples may share a home and raise children together, it’s important to understand that the legal implications of cohabitation—particularly when it comes to parenting—can be quite different from those of married couples. If you’re an unmarried parent or are thinking about starting a family while living together, learn your legal rights and responsibilities. It’s important to understand Michigan custody laws for unmarried parents
Custody and Parenting Time
One of the most important issues that unmarried parents face is custody. Let’s look at the Michigan custody laws for unmarried parents.
In Michigan, when a child is born to unmarried parents, both parents are presumed to have legal custody of the child. However, physical custody (the child’s primary residence) can become a point of contention if the parents separate.
If the parents break up, it’s critical for both parents to have a clear understanding of the parenting arrangement and parenting time (formerly called visitation). The Michigan courts focus on the best interests of the child, and factors like the child’s relationship with each parent, the parents’ ability to care for the child, and the child’s emotional and physical needs are all taken into account.
Parents who live together but are unmarried should establish a formal agreement or parenting plan regarding how they will share custody and time with their child if they separate. If the parents cannot agree, they may have to go to court to resolve custody and parenting time issues.
Establishing Paternity
For unmarried fathers, one of the first steps in ensuring legal rights over a child is to establish paternity. In Michigan, if the parents are unmarried, the father’s paternity must be legally recognized for him to have rights to custody, visitation, and decision-making regarding the child.
Paternity can be established in a couple of ways:
- Affidavit of Parentage: If the father is present at the birth, he and the mother can sign an affidavit at the hospital to establish paternity.
- Paternity Suit: If the parents disagree on paternity or the father is unsure, a paternity suit can be filed with the court to establish legal paternity.
Once paternity is established, the father has the right to seek custody and parenting time and is legally responsible for child support.
Child Support Obligations
Even though unmarried parents are not married, both parents are financially responsible for raising their child. If the parents separate, the non-custodial parent (the parent who the child does not primarily live with) will likely be ordered to pay child support, just as a non-custodial parent in a divorce case would be.
Child support in Michigan is calculated based on a formula that considers both parents’ incomes, the amount of time the child spends with each parent, and other relevant factors. If you’re the parent who is ordered to pay child support, it’s important to keep up with your obligations. Conversely, if you’re the custodial parent, you have the right to seek child support in a legal and timely manner.
Michigan Custody Laws for Unmarried Parents: Rights and Responsibilities
Unmarried parents have many of the same rights and responsibilities as married parents when it comes to raising their child. Both parents have the right to make decisions about the child’s education, health care, religion, and general welfare. However, issues can arise when unmarried parents break up, especially if there has been no formal agreement in place regarding custody, visitation, or child support.
Without a formal legal agreement or court order, it can be difficult for parents to enforce their rights or responsibilities. For example, a parent may not have a legal right to take the child on a vacation or make medical decisions without a court order in place. This is why it’s important for unmarried parents to have a written agreement about these matters, even if they are living together.
The Importance of Legal Agreements
Even if you and your partner are getting along and raising your child together, it’s still wise to have a parenting agreement or custody arrangement in place. A formal legal agreement can help prevent misunderstandings and disputes down the road, especially if you ever separate. Without one, there may be legal complications when it comes to issues like custody, parenting time, and financial support.
A cohabitation agreement—a document that outlines how you and your partner plan to handle co-parenting responsibilities and other legal matters—can also be an important tool to prevent future problems. While these agreements are not always legally enforceable, they can offer a clear understanding of each parent’s roles and responsibilities.
Considerations for Parents Planning to Live Together
If you and your partner are planning to live together and start a family, there are some key considerations you should keep in mind:
- Communicate Early and Often: Discuss your expectations for parenting and legal responsibilities before having children.
- Establish Legal Rights: If you’re the father, make sure paternity is established as soon as possible. This will ensure that you have a legal right to your child and can seek custody or visitation if necessary.
- Consider a Legal Agreement: Even if you’re not married, having a parenting or cohabitation agreement can help protect both parents and the child in case of separation.
Legal Steps for Parents After Separation
If unmarried parents separate, there are legal steps they can take to ensure their parental rights are respected:
- Filing for Custody and Parenting Time: If the parents cannot agree on custody or parenting time, either parent can file for a court order. The court will make decisions based on the best interests of the child.
- Modifying Custody Orders: If circumstances change, such as one parent moving away or a change in the child’s needs, either parent can request a modification to the custody or parenting time order.
Working With A Family Law Lawyer – Stephanie-Krane Boehmer
You now have an overview of the Michigan custody laws for unmarried parents. Raising a child as unmarried, cohabiting parents in Michigan comes with unique legal considerations that married couples may not have to navigate.
However, with the right information and proper legal steps, unmarried parents can establish clear custody arrangements, ensure they meet child support obligations, and protect their rights as parents.
If you are an unmarried parent or planning to become one and are looking for a family law lawyer in Rochester Hills, Auburn Hills or Troy, consider Stephanie Krane-Boehmer.
Having the right legal advice and agreements in place can help you avoid future complications and ensure the best outcome for both you and your child.
Find out if Stephanie Krane-Boehmer is right for you – contact the office for a free consultation. We are located in Rochester Hills and serve Oakland, Macomb, Genesee, Lapeer Livingston, and Wayne Counties.
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