How Does Custody Work for Parents Who Were Never Married?

 Posted on September 11, 2025 in Child Custody

For many Michigan families, marriage is not the starting point for raising children. More parents are choosing to have children without marrying, which can bring both flexibility and legal complexity. When unmarried parents across Oakland County separate or disagree about raising their children, the absence of a marriage certificate does not remove the need for clear legal rules about which parent a child spends time with and who can make important decisions for the child. Instead, Michigan law provides a detailed framework for custody when parents were never married.

As of September 2025, child custody cases in Michigan are governed primarily by the Child Custody Act (MCL 722.21). The law focuses on one central principle: protecting the best interests of the child. Whether parents were ever married or not, the court evaluates custody and parenting time under the same standards.

No matter what your family situation looks like, our Novi, Michigan family lawyers are here to guide you through the process of setting up custodial arrangements for your child. We have over 20 years of experience working in the community and helping all kinds of families find a plan that works for them.

Do Unmarried Parents in Michigan Have Equal Custody Rights?

A child’s mother has full legal and physical custody at birth if the parents are not married. The father has no enforceable rights until legal paternity is established. Without this step, the father cannot petition for custody or parenting time, even if he is actively involved in the child’s life.

Paternity can be established in Michigan in one of two ways:

• Voluntary Acknowledgment of Parentage (AOP): Both parents sign a form, usually at the hospital, that legally recognizes the father. This does not give the father automatic custody rights but does give him standing to request custody and parenting time in court.

• Court order of filiation: If the parents disagree about paternity, the court can order genetic testing. If the test confirms biological paternity, the judge issues something called "an order of filiation," which says the man is the father and allows him to request custody and parenting time.

Once paternity is established, both parents stand on more equal legal ground when custody decisions are made.

What Does Custody Mean Under Michigan Law?

Michigan divides custody into two categories:

• Legal custody: This is the right to make major decisions about a child’s life, such as education, medical treatment, and religion. Legal custody can be joint (shared by both parents) or sole (given to one parent).

• Physical custody: This is where the child lives and how much time is spent with each parent. Parenting time schedules vary based on the family’s circumstances and what the child needs.

The court may grant joint custody or give one parent primary custody. Every case is different and is determined based on what would best serve the child’s well-being, so parents are encouraged to draft a custody and parenting time agreement together. If they cannot agree, a judge will decide based on the child’s best interests.

How Do Courts Decide Custody for Unmarried Parents in Oakland County?

Custody disputes are handled by the Oakland County Circuit Court, Family Division. Judges must make decisions based on what they believe are the best interests of the child, in keeping with MCL 722.23. This law sets out 12 factors to consider, including:

• The bond between the child and each parent

• Each parent’s ability to provide for the child’s needs

• The child’s adjustment to home, school, and community

• The willingness of each parent to encourage a strong relationship between the child and the other parent

• Any history of domestic violence or abuse

No single factor controls the outcome, and a judge will try to get as much information as they can to see the full picture before making a decision.

How Flexible Can Parenting Time Be?

Michigan law recognizes that families are not one-size-fits-all. Parenting time can range from equal schedules, such as week-on/week-off, to arrangements where one parent has the majority of time while the other has regular weekends or holidays. Judges approve parenting time schedules that make accommodations for the parents’ work hours, the child’s age or activities, and the stability of each household.

The law requires that parenting time be "reasonable" and in the child’s best interests. This means that parents who can cooperate have wide freedom to design a plan that fits their family’s needs.

How Does Child Support Work for Unmarried Parents?

Child support is set the same way for unmarried and married parents. Michigan uses a formula based on both parents’ incomes, the number of overnight visits each parent has, and certain expenses such as health care or child care costs. This formula is mandatory unless special circumstances apply.

If a parent does not pay child support, actions can be taken against that parent that include wage garnishment, tax refund intercepts, and even license suspensions. Importantly, parenting time and child support are legally separate. One parent cannot stop visitation because the other has not paid child support.

Can Custody Orders Be Changed Later On?

Once custody and parenting time orders are in place, they can be changed if circumstances change. Under Michigan law, the parent asking for the change to the child support order needs to show either proper cause or a change in circumstances that affects the child. For example, a parent’s relocation, a change in employment, or concerns about the child’s safety might justify modification.

Modification requests must be filed in the same Family Division Court that issued the original order. Judges evaluate whether the change is truly necessary and whether it will benefit the child.

What Should Unmarried Parents Do About Custody First?

If you are a parent who was never married to your child’s other parent, the most important first step is to secure legal rights. For fathers, that means establishing paternity. For both parents, it means filing a custody action to start the process of getting enforceable parenting time and child support orders. Until a court order is in place, rights can be very uncertain.

Parents who take action early can avoid misunderstandings and reduce conflict, giving children the stability they need. Speaking with a family lawyer who understands Michigan custody law is the best way to begin the process.

Contact a Novi, MI Family Lawyer

If you were never married to your child’s other parent and need to understand your custody rights, legal support is available. A compassionate Oakland County, MI family law attorney at Elkouri Heath, PLC can help you establish paternity, create a parenting plan, and secure a custody order that protects your child’s best interests. With over 20 years of experience serving families in Novi and surrounding communities, our firm is all about finding customized solutions that fit your family’s needs. Call 248-344-9700 today to schedule a free consultation.