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Unmarried Custody

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Unmarried Custody

Clinton Township Unmarried Custody Lawyers

For unmarried parents in Michigan, matters related to child custody can present unique legal challenges. Unlike married couples, the parental rights of a father are not automatically established at a child’s birth. This can create uncertainty, stress, and legal complications when attempting to determine custody, parenting time, and decision-making responsibilities. At Iafrate & Salassa, P.C., we provide compassionate legal support to unmarried mothers and fathers alike, helping them understand their rights and secure a stable future for their children.

Our experienced Clinton Township custody lawyers recognize the sensitive nature of these cases. We are dedicated to affirming and protecting your parental rights, guiding you through the legal process with clarity and care. Our primary goal is to help you establish an arrangement that will prioritize your child’s well-being.

The Rights of Unmarried Parents in Michigan

In Michigan, an unmarried mother is automatically granted sole legal and physical custody of her child upon birth. For a father to gain any custody or parenting time rights, he must first legally establish paternity. Without this, an unmarried father has no legal standing to make decisions for his child or have guaranteed time with them.

Two main ways to establish paternity are:

  • Affidavit of Parentage: Both parents can voluntarily sign this legal document, usually at the hospital after the child is born.
  • Court Order: If there is a dispute or an affidavit was not signed, either parent can file a court action to establish paternity, which can involve DNA testing.

Once paternity is legally recognized, the father has the same rights as the mother to seek custody and parenting time.

Legally Obtaining a Custody Order

After paternity is established, either parent can file a custody case with the court. The court will then determine custody and parenting time based on the “best interests of the child.” This involves evaluating 12 specific factors, including the emotional ties between the child and each parent, each parent’s ability to appropriately provide for the child’s needs, and the home environment.

Our Firm Can Protect Your Parental Rights

An unmarried custody case requires a deep understanding of Michigan family law. Our lawyers provide the guidance you need to move forward with confidence. We can assist you with:

  • Establishing legal paternity to secure a father’s rights.
  • Filing the necessary court actions to start a custody case.
  • Developing a strong legal strategy focused on the child’s best interests.
  • Negotiating a fair parenting time schedule and custody arrangement.

At Iafrate & Salassa, P.C., we work to negotiate fair and practical agreements outside of court whenever possible. However, if a dispute arises, we are prepared to advocate for your rights and your child’s best interests in the courtroom.

Speak With a Clinton Township Custody Lawyer Today

Whether you are a mother seeking to formalize a custody arrangement or a father looking to establish your parental rights, our team is here to help. Contact our law firm today to discuss any questions you have about unmarried custody and your parental rights with an experienced custody lawyer.

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