Navigating child custody, parenting time, and child support can be highly challenging. When a child is born to unmarried parents, specific statutory rules dictate the legal landscape. At The Kronzek Firm, our team of highly respected family law attorneys has spent more than 30 years aggressively protecting parental rights and securing stable futures for thousands of Michigan families. We understand the precise legal mechanisms required to achieve the best possible outcome. Our Oakland County family law team is available in our Farmington Hills office and can be reached at (248) 479-6200.
Establishing Paternity: The Critical First Step
For married couples, Michigan law presumes the husband is the legal father. For unmarried parents, paternity must be established before a court can enter custody or support orders. Under Michigan law, this is accomplished through an Acknowledgment of Parentage (AOP) under the Acknowledgment of Parentage Act (MCL 722.1001) or a paternity action under the Paternity Act (MCL 722.711). Under MCL 722.1006, an unmarried mother is granted initial custody once an AOP is signed until a judge orders otherwise. A father must affirmatively file an action in circuit court to establish his legal rights to custody and parenting time. These are specially drafted legal documents that must comply with Michigan law and our rules governing family law litigation.
How Michigan Courts Determine Custody
Once paternity is established, custody disputes are governed strictly by the Michigan Child Custody Act of 1970 (MCL 722.21 et seq.). Courts evaluate legal and physical custody based entirely on the 12 Best Interests of the Child Factors outlined in MCL 722.23, which include emotional ties, stability, and the moral fitness of each parent. Judges do not favor a parent based on gender or marital status. Under the Child Custody Act (MCL 722.26a), courts must fully consider joint custody whenever a parent requests it. In Oakland County, family judges strongly encourage shared decision-making unless compelling evidence proves it detrimental to the child.
Oakland County Friend of the Court and Support
Cases involving minor children are automatically referred to our Friend of the Court (FOC) under MCL 552.501. The FOC conducts formal investigations, facilitates domestic relations mediation, and provides custody recommendations that many judges rely on heavily. Additionally, child support is calculated using the rigid criteria of the Michigan Child Support Formula (MCSF), evaluating parental incomes, healthcare expenses, childcare costs, and annual overnights.
Protect Your Rights: Call The Kronzek Firm
Relationship separations are stressful, but your parental rights cannot wait. Having an experienced attorney familiar with local court dynamics makes a significant difference. Contact us today for a consultation. Our Farmington Hills office serves Oakland County and clients statewide 24/7. Call (248) 479-6200 or email contactus@kronzek.law to schedule a consultation.
Disclaimer: This content is for informational purposes only and does not constitute formal legal advice.