Establishing Paternity and Custody between Unmarried Parents

 

When a baby is born, everyone wants what’s best for that child: cousins want him to grow strong so they can play with him when he’s older, grandparents desire to spend precious time with him, and parents work hard to build him a secure future. If a child is born out of wedlock, it can be difficult to make this “best case scenario” a reality when there might be several unknowns for this child’s life.

It’s common to feel confused about what happens next and how to make the best decision for your child. Establishing paternity and determining custody are two important steps in providing clarity for parents and security for the child.

Paternity

When the legal father is known, it gives the child a sense of identity, allows her to know both sides of the family, and offers the chance for her to have financial support from both parents. Additionally, the child has access to benefits from both parents, such as health insurance, life insurance, pensions, social security, and more.

There are a few ways to establish paternity when the parents are unmarried.

    • Voluntarily: The parents can agree to name the legal father of the child and add the father’s name to the birth record at the hospital after the birth, or later at the Michigan Department of Health and Human Services.

    • Court involvement: If there is a dispute, the parents can ask the family court to help, which usually involves genetic testing. The father’s name can go on the birth certificate only once paternity is determined.

Custody

You can now start thinking about custody once paternity is established. Initially, the mother has both legal and physical custody rights when a child is born out of wedlock. Legal custody means a parent can make decisions about their child’s life as related to things such as education or healthcare. Physical custody allows a parent to determine where the child lives and can involve the time the parent and child spend together.

Both legal and physical custody can be sole or joint. If the mother and father disagree about how parenting time or responsibility should be split, the court will get involved and make a decision based on what is in the best interest of the child. But, if the parents are able to cooperate and decide what is right for their child, then the court will usually agree to their terms.

What’s next?

You now have a better idea of what paternity and custody look like in Michigan. But, it’s important to know what the legal process could be for your specific situation. Don’t navigate the legal system alone – seek help from the experienced team at Striegle Law and find your guide through this complicated time.