Who has the right to custody if you are not married?

Quite frequently when parties are not married and both parents are at the hospital a Affidavit of Parentage is signed. This document has legal implications as to custody of the child as it grants initial physical and legal custody of the child to the mother. Even if this document has been signed the father can seek to have a judge make a judicial determination as to which parent should have the most parenting time. A non custodial parent does not have to demonstrate proper cause or a change in circumstances to modify custody that is granted through an affidavit of parentage.

It is important to remember that there is an Attorney General Opinion which allows a police agency the power to rely on a properly executed affidavit of parentage in seeing that a father does not wrongfully take a child from the mother. If you have any questions regarding your rights as a mother or father call me. John Bain Attorney at Law 248.6726112. Serving Oakland County, Wayne County, Livingston County, Genesee, and Shiawasee County,