Legal Question in Family Law in Michigan

When a child is born to unmarried parents, who has the custody? Is it assumed joint custody, or does the father has to establish paternity?


Asked on 7/11/12, 5:45 am

1 Answer from Attorneys
Jeffrey S. Kaplan Law Office of Jeffrey S. Kaplan, PLLC

Generally speaking, the courts will presume that the mother has legal custody unless there is a court order establishing otherwise. The father will have to establish paternity before he can petition the court for legal and/or physical custody. Without establishing paternity the father can make decisions about the child's care and have physical custody only to the extent the mother (or other established legal custodian) allows it.

There are different ways to establish parentage. The father should consult an attorney, who can elicit more details and offer more specific advice.

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Answered on 7/11/12, 8:30 am


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