Quick answer: Unmarried parents in Michigan must first establish legal parentage, usually by signing an Acknowledgment of Parentage under MCL 722.1001 et seq. or through a court case. Once parentage is established, either parent can ask a court for custody and parenting time, and the court decides based on the child's best interests. Until a court decides, the mother has initial custody, without prejudice to either parent.
Custody questions do not only come up in divorce. Many Michigan parents were never married, and they face the same questions about where the child lives, who makes decisions, and how time is shared. The starting point is different, though: before a court can decide custody, the law needs to recognize who the parents are.
This guide explains how that works, in the order it usually unfolds.
Who Is a Legal Parent When the Parents Are Not Married?
The birth mother is the child's legal parent. For the other parent, legal parentage has to be established. In Michigan this generally happens in one of two ways: the parents sign an Acknowledgment of Parentage, or a court establishes parentage in a court case.
If the mother was married to someone else when the child was born, additional rules can apply, and a court case is often needed. That situation is more involved, so it is worth speaking with an attorney early.
What Is an Acknowledgment of Parentage?
An Acknowledgment of Parentage is a form the parents sign voluntarily. Under MCL 722.1004, a properly completed acknowledgment establishes parentage and is the equivalent of an adjudication of parentage. It gives the acknowledged parent the rights and duties of a parent, and it may serve as the basis for court-ordered child support, custody, or parenting time without further adjudication.
Because the acknowledgment is a legal document, parents should understand what they are signing. Completing it is voluntary, and the form states that either parent may ask a court for custody or parenting time.
Who Has Custody Before a Court Order?
Under MCL 722.1006, after an acknowledgment is filed, the mother has initial custody of the child, without prejudice. That grant of initial custody does not by itself affect either parent's rights in a later custody or parenting time case.
In other words, initial custody is a starting point and not a final decision. A parent who wants a defined schedule, or a say in major decisions, needs a court order.
The table below shows how common situations tend to work. Every case turns on its own facts.
| Situation | Legal Position | Typical Next Step |
|---|---|---|
| Both parents signed an Acknowledgment of Parentage | Parentage is established, equivalent to an adjudication | Either parent can ask the court for custody, parenting time, or child support without a separate parentage case. |
| No acknowledgment, and parentage is not disputed | Parentage is not yet legally established | The parents may sign an acknowledgment, or one parent may start a court case to establish parentage. |
| Parentage is disputed | Parentage must be decided by the court | The court may order genetic testing before moving on to custody and parenting time. |
| The mother was married to someone else at the child's birth | Additional rules apply | A court action is often needed. Speak with an attorney early, because the process is more involved. |
| Parents agree on a schedule | Agreement is not yet a court order | Putting it in a court order makes it enforceable. The court reviews it against the child's best interests. |
How Does a Parent Ask for Custody and Parenting Time?
Once parentage is established, either parent can file a case asking the court to decide custody and parenting time. If the parents agree, they can submit an agreed order, and the court reviews it to make sure it serves the child's best interests.
If they do not agree, the court decides using the best interest factors in MCL 722.23. Those factors look at the child's needs and each parent's ability to meet them, not at whether the parents were married. A judgment typically addresses legal custody, meaning decision-making authority, and physical custody, meaning where the child lives and the parenting time schedule.
The first order matters. Later changes require meeting a legal threshold, which is explained in How Do You Change a Custody Order After Divorce in Michigan? That guide is written around divorce judgments, but the same custody standards apply to custody orders in general.
How Does Child Support Fit In?
Both parents are responsible for supporting the child, as the acknowledgment form itself states under MCL 722.1007. Support is typically addressed in the same case as custody and parenting time. If circumstances change later, see Child Support Modifications in Michigan.
Can an Acknowledgment of Parentage Be Undone?
Not casually. The acknowledgment form notes that to revoke an acknowledgment, a person must file a claim under Michigan's Revocation of Paternity Act. That law sets time limits and grounds, and the person challenging the acknowledgment carries a significant burden. Because the deadlines are strict, a parent with doubts about parentage should speak with an attorney promptly, rather than waiting.
What Records Help in an Unmarried Parents Custody Case?
Whatever the starting point, the court focuses on the child. Records that commonly help include:
● A copy of the Acknowledgment of Parentage, if one was signed, and the child's birth certificate
● Records showing each parent's involvement, such as school, medical, and activity records
● Evidence of caregiving and day-to-day routines
● Records of financial support and expenses for the child
● Messages or parenting app records that show how the parents have shared time and decisions
For safety-related concerns about a parenting time schedule, see Can a Michigan Court Change Parenting Time Over Safety Concerns? If one parent plans to move, see Parental Relocation After Divorce in Michigan.
Serving Clients in Oakland, Wayne, and Macomb Counties
Emily K. Catania is a Birmingham-based family law and litigation attorney who represents parents throughout Oakland, Wayne, and Macomb Counties in custody, parenting time, and child support matters, whether or not the parents were ever married. Visit the Child Custody and Support page to learn more, or contact us directly to schedule a consultation.
Related Reading
How Do You Change a Custody Order After Divorce in Michigan?
Can a Michigan Court Change Parenting Time Over Safety Concerns?
Child Custody in Oakland County, Michigan: What Parents Need to Know
Child Support Modifications in Michigan: When Can You Request a Change?
Parental Relocation After Divorce in Michigan: What Parents Need to Know
Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Every case is unique, and outcomes depend on the specific facts and circumstances involved. If you have questions about custody or parentage in Michigan, consult a licensed Michigan attorney.
