Understanding Paternity Law: Rights and Responsibilities of Unmarried Parents

Unmarried father playing with his toddler son, making use of his right as stated in MI Paternity Law

Unmarried couples face unique challenges under Michigan law. When unmarried fathers have not established paternity, it does not affect only their rights. It also affects their children. Understanding Michigan paternity laws and the rights and responsibilities of unmarried parents is crucial for protecting yourself and your child.

At Kraayeveld Family Law, family is what matters most. Our firm is well-regarded for delivering outstanding results to Michigan families as they work through the family law system. Our family law attorneys are dedicated to helping parents understand Michigan custody laws for unmarried parents so families can protect their legal rights and successfully exercise their parental responsibilities.

Mothers and fathers who need help understanding Michigan paternity laws can find the legal advice and compassionate support they need at Kraayeveld Family Law. Contact our office online or call 616-383-2679 today and request a confidential case review with an experienced Michigan paternity law attorney. Our office is conveniently located at 990 Monroe Ave. NW Grand Rapids, MI 49503. We can help. Let’s talk.

Importance of Grand Rapids, Michigan, Paternity Law and How Our Firm Can Help

In Michigan, unmarried couples do not have the same legal rights as married partners, creating unique legal issues for unmarried couples who have a child. The law assumes the spouse of a married woman is the child’s biological father, and there are no additional steps to take to establish paternity.

It is not so simple for unmarried couples. Establishing paternity when partners are not married can be more challenging and involves numerous legal hoops, depending on the situation. However, for children to receive the care and benefits they deserve, it is imperative to establish paternity as soon as possible.

The legal team at Kraayeveld Family Law understands why establishing paternity is crucial for unmarried Grand Rapids parents and how to manage the legal process of ensuring a father has legal rights and responsibilities when a child is born.

Establishing Paternity in Grand Rapids, MI

One way unmarried couples can establish paternity in Grand Rapids is by filling out and signing an affidavit of parentage. An affidavit of parentage in Michigan is a legal document establishing a child’s paternity without a court order. An unmarried couple fills out the form and submits it to the court, voluntarily acknowledging the identity of the child’s father. These forms can be found online, at the local Grand Rapids office of the Michigan Department of Health and Human Services or the county clerk’s office, and if the father is in the hospital at the time of the child’s birth, the hospital staff will provide the form and process it for the parents.

Filing an affidavit of parentage in Grand Rapids creates a legal bond between the named paternal figure and the child. That means the named individual has all the legal rights and responsibilities of a father, including when it comes to custody and child support.

An individual can also establish paternity in Grand Rapids by a court order. A father can petition the local family court to establish paternity, which may involve genetic and DNA paternity testing if either parent requests it.

Rights of Unmarried Fathers in Grand Rapids, MI

An unmarried woman who gives birth to a child automatically assumes parental rights and responsibilities. An unmarried father’s rights in Michigan are not settled until paternity is resolved through an affidavit of parentage or the family court system.

Unmarried fathers should establish their rights quickly if they want a relationship with the child. As a legal father, you have the right to spend parenting time with your child and be involved in critical decisions that affect them. You are also responsible for paying child support to help raise and care for the child.

There are several ways settling paternity benefits your child, such as:

  • Entitling the child to certain benefits through the father
  • Securing the child’s right to inheritance from the father
  • Giving a child access to your medical and family history
  • Giving you the legal right to have a relationship with your child

Working with our attorneys can help secure these rights for yourself and your child.

Responsibilities of Unmarried Parents in Michigan

Unwed fathers must establish paternity to help them exercise their parental responsibilities. Married parents automatically share parental responsibilities, such as caring for a child and making significant decisions about a child’s health, education, and religious upbringing. Unmarried fathers do not have these same rights and responsibilities to visit or make decisions for their children until paternity is established.

Child Custody and Parenting Time for Unmarried Parents in Grand Rapids

Initially, the birth mother has physical and legal custody of the child, meaning the child can live with the mother, and the mother has the legal right to make vital decisions about the child’s care. Sharing custody for unwed fathers means establishing paternity and seeking a child custody agreement to solidify visitation and parenting time.

Michigan divides custody into two categories, physical and legal:

  • Physical custody refers to the child’s primary residence or the parent with whom the child lives most of the time.
  • Legal custody refers to which parent has the right to make significant decisions on the child’s behalf.

Custody can further be divided into joint and sole custody. A joint custody arrangement gives both parents equal parenting time or decision-making capabilities, while sole custody arrangements give these responsibilities to one parent.

When faced with a custody request, Grand Rapids family courts will review what is in the best interest of the child. In Michigan, a mother automatically has rights when a child is born. To be an active and integral part of their children’s lives and gain the rights and responsibilities of a parental figure, unwed fathers must prove paternity.

Once paternity is settled, if the father and the child’s mother do not wish to remain in a relationship, the unwed father has the right to seek a custody order of the child through the court system.

How Kraayeveld Family Law Can Help with Grand Rapids Paternity Cases

At Kraayeveld Family Law, we know that family matters most in life. We strive to support the rights of unmarried parents within the Grand Rapids family law system as we work to establish paternity, child custody, and child support. We use our extensive knowledge of the Grand Rapids court system and our local resources to help unmarried parents exercise their legal rights by offering compassionate and personalized legal advice.

Protect yourself and your child today by contacting our office online or call 616-383-2679 to set up a confidential case review with an experienced West Michigan family law attorney.