QUESTION

Are unwed mothers in MI automatically given legal and physical custody of their baby?

Asked on Oct 30th, 2012 on Family Law - Michigan
More details to this question:
Are there any forms necessary to ensure an unwed mother in MI will have legal and physical custody of her baby, or is it automatic from birth?
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1 ANSWER

This is not an automatic thing, but is probable.  If nothing happens, and no one takes any action, then a mother will have custody of the minor child. However, there is nothing binding or with full legal effect of this unless and until a Court Order is entered. Another issue that needs to be addressed is the birth certificate and who is listed on this document. Either parent can choose to file a petition with the Court and address these issues.  It is possible, that the father could make allegations that the Mother would be an unfit parent and seek custody.  Although rare, it is possible.  To the contrary, it likely that the Court will make a custody determination along with a parenting time schedule.   Eric Lumberg Attorney at Law 248-626-8383
Answered on Oct 31st, 2012 at 11:39 AM

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