Michigan Custody Agreement
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FAQ
When there is an Affidavit of Parentage in place, Michigan law gives initial custody to the mother until either parent starts a custody case. Once the Affidavit of Parentage is filed, either parent can file a custody case asking the court for an order deciding custody, parenting time, and child support.
Whether the other parent agrees or not, you will need to file a motion to ask the judge to change the custody order in your family law case. You are called the moving party if you file a motion, and the other parent is the Respondent.
Step 2: Complete your forms Complaint (State your type of case, detail the parenting schedule and parenting plan you want, and explain why your requests are in the children's best interests.) Verified Statement. Friend of the Court Questionnaire. Uniform Child Custody Jurisdiction Enforcement Act Affidavit.
When an unmarried mother gives birth, she has full legal and physical custody until the parents legally establish paternity. Then parents have equal rights and responsibilities regarding custody (as well as child support) and can ask the court for custody orders.
The Michigan Child Custody Act presumes it is in the best interests of a child to have a strong relationship with both parents. Courts in Michigan use 12 factors called the best interest factors to determine what custody arrangement is in the best interests of the child/children involved.
The most common co-parenting 50/50 plans include 2-2-3, 3-4-4-3, 2-2-5-5, and alternating weeks.
In Michigan, you will need to open your case in the family division of your county court. In some counties, this is referred to as the domestic relations division, or family court. The judges in these divisions of the court have experience dealing with divorce, child custody, and other Michigan family law issues.
You should also avoid berating or harshly criticizing your children no matter how mad you get. Emotional abuse is just as bad as physical abuse.
