Custody disputes are often contentious and it is important that both parents and the children involved are treated fairly. As a parent, you may be concerned that a father’s rights to custody differ from a mother’s or another parent’s. However, take comfort in knowing that this is not true. In Michigan, both parents have equal rights to both physical and legal custody. To learn more about your parental rights and secure skilled representation, reach out to an Oakland County child custody lawyer at Alan B. Cooper & Associates, PLLC today.
What Are a Father’s Rights to Custody in MI?
Fathers in Michigan have the exact same rights as mothers or any other parent. The Child Custody Act of 1970 states that parenting time will be granted according to the best interests of the child and the statute presumes that having a strong relationship with both parents is in the child’s best interest. This means that the gender of either parent is not a factor in determining custody.
Fathers have as many rights as any parent does, including the right to physical and legal custody, the right to receive child support, the right to appeal custody decisions, and more.
What Types of Custody Are Awarded?
Parents have equal rights to physical and legal custody. Physical custody refers to where the child lives and which parent has the right and responsibility of caring for them on a daily basis. Legal custody refers to a parent’s right to make decisions on behalf of the child. This includes major decisions like religious upbringing, education, healthcare, and more.
Both parents have equal rights to both types of custody. A court will decide the custody arrangements based on a variety of factors specific to the child and each parent’s personal circumstances.
Do Fathers Have to Establish Paternity?
It is important to note, however, that paternity is an important issue during custody proceedings in Michigan. If a father is not married to the mother of a child, he must establish paternity in order to assert his parental rights. Michigan law makes the automatic assumption that whoever is married to the mother at the time of conception or birth is the father of the child, even if they are biologically not the father.
If you were not married to your child’s mother or if she was married to someone else and they are assumed to be the father, you will have to prove your paternity by signing an Affidavit of Paternity, getting DNA tested, or by petitioning for a court order.
Once it has been established that you are the biological father, you assume the same rights as your child’s other parent. Note that this type of paternity issue only applies to heterosexual marriages. If your child has two fathers, each of your parental rights will be established through adoption papers, surrogate contracts, or other evidence.