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Legal Information: Michigan

Custody

Updated: 
March 27, 2024

What are some of the pros and cons of getting a custody order?

Some people decide not to get a custody order because they don’t want to get the courts involved. They may have an informal agreement that works well for them or may think going to court will provoke the other parent. However, getting a custody order can give you the legal right to make decisions about your child and the right to have your child live with you.

If you decide not to get a custody order, then you and the other parent likely have equal rights to making decisions and living arrangements. The exception to this is when paternity has not been legally established.

There are multiple ways that legal fatherhood (paternity) can be established in Michigan:

  • If parents were married to each other when the child was conceived or born, paternity is automatically established for the husband.
  • If parents were not married to each other when the child was conceived or born, then they need to do something to establish paternity. This can be done in two ways:
    • involuntarily, which is when one of the parents asks the local family court to establish paternity, usually through DNA testing; or
    • voluntarily, which is when both parents agree as to who the father of the child is. This can be done through filling out an affidavit of parentage:
      • at the hospital;
      • at the Michigan Department of Health and Human Services;
      • at the local county Registrar’s Office; or
      • online.1

1Michigan Department of Health and Human Services