Haque Legal · Bloomfield Hills · Oakland County Family Law
Paternity and Custody for Unmarried Parents in Oakland County
When parents never married, the law does not automatically give both of them enforceable rights to the child. Legal paternity, custody, parenting time, and support each have to be established, by an agreement the court approves or by a court order. Until that happens, schedules depend on goodwill.
Haque Legal helps Oakland County fathers and mothers turn an informal arrangement into a clear order: who decides on school and medical care, where the child lives, when each parent has time, and what support is owed. We also handle disputes over who the legal father is.
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Reviewed by Fahd S. Haque, Esq., Founder & Principal Attorney · Updated November 5, 2026
Signed an Acknowledgment of Parentage but have no court order?
An Acknowledgment of Parentage makes a father the legal father, but it does not give him a parenting time schedule. Under Michigan law, the mother has initial custody after an acknowledgment is signed, until a court orders otherwise or the parents agree (MCL 722.1006).
If you are not seeing your child, or you are worried about a move or a sudden change, a custody and parenting time case is how you get enforceable rights. The longer an informal arrangement lasts, the more it can shape the child's established custodial environment.
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Start with what is true today: who the child lives with, how often the other parent has time, and who handles school, daycare, and medical care. Judges look closely at the child's established custodial environment, so the current routine matters.
If parentage is disputed, that question comes first. If it is settled, the case moves straight to custody, parenting time, and support. Either way, a written proposal for the schedule you want gives the court and the other parent something concrete to respond to.
01Parentage status
An acknowledgment, a birth certificate, a presumed father, or a need for genetic testing.
02The child's routine
Where the child sleeps, who handles school and medical care, and the current schedule.
03A proposed plan
Legal custody, a parenting time schedule, holidays, exchanges, and support.
What gets decided for unmarried parents
The issues mirror a divorce with children, without the property division. Each one should be written into an order the Friend of the Court can enforce.
Legal custody
Who makes major decisions about school, health care, and religion. Joint legal custody requires parents to cooperate on those decisions.
Physical custody and parenting time
Where the child lives and the schedule for each parent, including holidays and summers. Holiday parenting time
The child's name and birth certificate
A father can be added to the birth certificate through an acknowledgment or a court order. Name changes follow separate rules.
Moves and relocation
Once a custody order is in place, Michigan's 100-mile rule can limit moving the child's legal residence without consent or court approval (MCL 722.31).
Disputed parentage
Genetic testing, presumed-father issues, and revocation claims must be resolved before custody can be.
Also see: Fathers’ rights · Child custody · Changing an existing order
How an Oakland County custody case for unmarried parents moves
- Filing. A paternity complaint or a custody complaint is filed in the Oakland County Circuit Court, Family Division, depending on whether parentage is already established.
- Service and answer. The other parent is served and has a deadline to respond.
- Genetic testing, if needed. When paternity is disputed, the court can order testing before deciding custody.
- Friend of the Court. The Friend of the Court may investigate and recommend custody, parenting time, and support terms.
- Temporary orders. A schedule and support can be set while the case is pending, by agreement or by motion.
- Agreement or hearing. Most cases resolve by a consent judgment. Disputed custody questions go to an evidentiary hearing.
- After judgment. Orders can be enforced or changed later if circumstances change. Post-judgment modification
For court locations, Friend of the Court contacts, and local procedures, see our Oakland County Family Court guide.
FAQs for unmarried parents
Does signing the Acknowledgment of Parentage give the father custody?
No. It establishes legal paternity. After it is signed, the mother has initial custody until a court orders otherwise or the parents agree. A father needs a custody and parenting time order for an enforceable schedule.
How do I get parenting time if we never married?
File a custody and parenting time case in the family court, or a paternity case first if parentage has not been established. The court sets custody and parenting time under the same best-interest standards used in a divorce.
Can I ask for a DNA test?
Yes. In a paternity case, the court can order genetic testing when parentage is disputed. Testing before signing an acknowledgment is often wiser than trying to undo one later.
What if another man is the presumed father?
A child born during a marriage is presumed to be the husband's child. Challenging that presumption is governed by the Revocation of Paternity Act, which has strict time limits. Talk to us early.
Do unmarried fathers have the same rights as mothers?
Once paternity is legally established, yes. The court applies the same best-interest factors to both parents. Before paternity is established, a father has no enforceable custody or parenting time rights.
Is child support owed if there is no order?
Support is set by court order using the Michigan Child Support Formula. Without an order there is no enforceable obligation, which is one reason to put the arrangement in writing with the court.
Can the other parent move away with our child?
Once a custody order is in place, Michigan's 100-mile rule generally requires consent or court approval to move the child's legal residence more than 100 miles, with exceptions (MCL 722.31). Before an order exists, protections are weaker.
How long does a custody case take?
Some cases resolve at the first appearance. Contested cases with a Friend of the Court investigation or an evidentiary hearing take longer. Temporary orders can set a schedule in the meantime.
Is the consultation free?
Yes. The initial consultation is free. We explain fees for your situation at that meeting, before you decide whether to hire the firm.
Official references: MCL 722.1003, acknowledgment of parentage · MCL 722.1006, initial custody · MCL 722.714, paternity actions · MCL 722.1437, revocation of acknowledgment · MCL 722.23, best-interest factors · MCL 722.27a, parenting time · MCL 722.31, 100-mile rule
Prepare for your consultation
Bring the child's birth certificate, any Acknowledgment of Parentage, current orders or Friend of the Court papers, and a short description of the current schedule. If a hearing or exchange is coming up, tell us when you contact the firm.
We serve families in Bloomfield Hills, Birmingham, West Bloomfield, Troy, Rochester, and Royal Oak.