How Michigan Family Law Treats Unmarried Couples with Children
How Michigan Family Law Treats Unmarried Couples with Children
For many families in Michigan, raising children outside of marriage has become increasingly common. While unmarried parents have the same love and commitment to their children as married parents, the legal framework governing their rights and responsibilities can be different. Understanding how Michigan family law addresses custody, parenting time, and child support for unmarried couples is essential to protecting both parental rights and a child’s wellbeing.

At Zanolli Family Law, P.C., we assist the Southfield community with navigating these important issues and securing clear, enforceable arrangements for their families.
Establishing Legal Parentage
When a married couple has a child, the law automatically recognizes both parents. For unmarried couples, however, legal parentage must be formally established.
In Michigan, paternity can be established in two main ways:
- Signing an Affidavit of Parentage
This voluntary form gives the father legal parental status and can be completed at birth or later. - Court-Ordered Paternity
If parents do not agree, a court can order genetic testing and legally establish the father’s rights and responsibilities.
Without legal parentage, a father has no enforceable custody or parenting time rights—and the child cannot receive support from him.
Custody Rights for Unmarried Parents
Once parentage is established, unmarried parents have access to the same custody options as married parents. Michigan recognizes two types of custody:
- Legal custody, which involves major decision-making for the child.
- Physical custody, which determines where the child lives.
Courts decide custody based on the best interests of the child, taking into account factors such as emotional ties, stability, each parent’s capacity to provide care, and any history of domestic issues.
Unmarried mothers automatically have full custody until paternity is established. Afterward, both parents may request joint or sole custody.
Parenting Time and Schedules
Parenting time (formerly called visitation) outlines when each parent spends time with the child. Michigan courts encourage involvement from both parents whenever safe and appropriate.
Parenting time schedules can be:
- Flexible and informal, agreed upon by the parents, or
- Detailed and court-ordered to ensure clarity and compliance.
A well-crafted parenting time arrangement can prevent conflict and support a child’s emotional and developmental needs.
Child Support Obligations
Both parents are financially responsible for their child. After paternity is established, Michigan uses the Michigan Child Support Formula, which considers:
- Each parent’s income
- Number of overnights
- Childcare costs
- Medical and insurance expenses
Child support helps meet essential needs such as housing, food, education, and healthcare.
Why Legal Guidance Matters
Unmarried couples often face more uncertainty than married couples when raising children, especially if relationships change or disputes arise. Accurate legal documentation and enforceable agreements help ensure stability and protect parental rights.
At Zanolli Family Law, P.C., we help Southfield parents understand their rights, establish parentage, negotiate custody, and secure fair support arrangements.











