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Parental Rights in MichiganUnmarried fathers have the right to claim paternity (Notice of Intent to Claim Paternity) before or after a child is born. Unmarried fathers have no right to support or visitation if the mother was married during the birth of the child (must mutually establish paternity first).
Parental Rights in Michigan Unmarried fathers have the right to claim paternity (Notice of Intent to Claim Paternity) before or after a child is born. Unmarried fathers have no right to support or visitation if the mother was married during the birth of the child (must mutually establish paternity first).
We are often contacted by parents asking at what age children can decide for themselves where they will live after a divorce or separation. There are lots of articles on the internet about this, and a good number suggest that at a certain age e.g. 10, 12 or 16, a child can make their own decision. This is not the case.
At common law, a mother has right to the custody of a child born outside wedlock to the exclusion of the natural father of the child. For a father to be awarded custody at common law, he must sufficiently establish that the mother is unfit.
Although courts may consider the reasonable preference of the child in custody cases, the caveat is that the child must be deemed to be of sufficient age to participate. What does this mean in the state of Michigan? For starters, any child age 17 or older can choose the parent he/she prefers to live with.
If the father of a child born out of wedlock and the child's mother are unable to come to an agreement about the child's parentage, the father has the right under Michigan law to file two different items in order to protect his rights to his child.
Contrary to popular belief, there is no age in Michigan when the child can unilaterally decide which parent to live with other than after age 18. The preference of the child, however, is one of the many considerations that the judge will consider when making decisions regarding child custody or parenting time.
The unmarried father can only obtain guardianship rights after the birth of the child, and even then he can only do so if he is cohabiting with or on good terms with the child's mother otherwise he must apply to the court to be appointed a guardian of his child.
Contrary to popular belief, there is no age in Michigan when the child can unilaterally decide which parent to live with other than after age 18. The preference of the child, however, is one of the many considerations that the judge will consider when making decisions regarding child custody or parenting time.
Unmarried mothers are presumed to have primary custody of their children unless the biological father establishes paternity and attains a court order of custody rights.