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Ashley Legal, PLLC
Home
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  • About Ashley
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FAQ
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  • Divorce
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  • Child Support
Modifying
  • Modifying Custody Orders
  • Legal Decision Disputes
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Picture of cutout adult male and female holding children's hand 'walking' in front of gavel

Michigan Custody and Paternity Actions:

Protecting Your Child's Future

 When children are born to unmarried parents, establishing legal rights and responsibilities becomes crucial. Here at Ashley Legal, PLLC, we understand the importance of clear custody and paternity agreements to ensure your child's well-being.


1. Establishing Paternity:

  • Paternity Not Established at Birth: If an "affidavit of parentage" wasn't signed at the hospital, either parent can file a paternity action with the Family Court. This action legally establishes the father and determines child support obligations.

2. Custody and Parenting Time:

  • Determining Custody and Parenting Time: Even without marriage, both parents have the right to seek a court order outlining custody and parenting time (visitation). The court uses established "Child Custody Factors" to determine what's in the best interests of the child.

Benefits of Clear Agreements:

Clear legal agreements regarding paternity, custody, and parenting time offer numerous benefits:

  • Child Support: Establishes a fair and consistent child support arrangement.
  • Decision-Making: Outlines parental decision-making roles regarding the child's upbringing.
  • Reduced Conflict: Provides clear guidelines for future interactions, minimizing disagreements.
  • Child's Stability: Creates a stable and secure environment for the child's well-being.


Get the Legal Support You Deserve:

At Ashley Legal, PLLC, our experienced family law attorneys can guide you through the entire paternity and custody process in Michigan. We work diligently to achieve fair and sustainable solutions that prioritize your child's best interests.


Contact us today for a consultation to discuss your specific situation.

More Questions?

We understand that legal issues can arise at any time, which is why we are available to answer your questions and provide legal advice. Contact us anytime to discuss your legal needs.

Contact Now

Best Interest Factors

 Michigan's "Best Interest" Factors:  Michigan courts consider these 12 factors to decide what's best for your child:

  • Love, emotional ties, and connection between your child and each parent.
  • Ability of each parent to provide love, guidance, and continue your child's upbringing (including religion, if any).
  • Ability of each parent to meet your child's physical needs (food, clothes, healthcare).
  • Stability: How long your child has lived in a stable environment, and if it's best to keep it that way.
  • Permanence: How stable and secure each parent's proposed living situation is for your child.
  • Moral fitness: Each parent's overall character and suitability to raise your child.
  • Mental and physical health of each parent, as it affects their ability to care for your child.
  • Your child's school, home, and community experiences.
  • Your child's preference (if they're considered old enough to express a reasonable one).
  • Encouragement of a close relationship between your child and the other parent by both parents.
  • History of domestic violence, regardless of who the victim was.
  • Any other relevant factors the judge considers important in your specific situation.

Wood cutout of parents with child on table with gavel next to best interests of children language.

Types of Custody

Legal Custody

Physical Custody

Physical Custody

Legal custody refers to a parent's authority to make major decisions about their child's life.  Imagine it as having a say in the big things. Here are some examples of what legal custody might involve:

  • Education: Choosing which school your child goes to and being involved in their educational journey.
  • Healthcare: Making decisions about doct

Legal custody refers to a parent's authority to make major decisions about their child's life.  Imagine it as having a say in the big things. Here are some examples of what legal custody might involve:

  • Education: Choosing which school your child goes to and being involved in their educational journey.
  • Healthcare: Making decisions about doctors, treatments, and medical care.
  • Religion: Having a say in your child's religious upbringing, if any.
  • Extracurricular activities: Deciding if your child participates in sports, clubs, or other activities.


Physical Custody

Physical Custody

Physical Custody

  Physical custody refers to where a child lives and who they spend the most time with. It's about the day-to-day care and living arrangements. Here's a breakdown to help understand it better:

  • Living Arrangements: Physical custody determines which parent's house the child considers their primary home.
  • Day-to-Day Care: This involves who is r

  Physical custody refers to where a child lives and who they spend the most time with. It's about the day-to-day care and living arrangements. Here's a breakdown to help understand it better:

  • Living Arrangements: Physical custody determines which parent's house the child considers their primary home.
  • Day-to-Day Care: This involves who is responsible for the child's daily needs like meals, bedtime routines, and getting them to school. 

 



Types of Legal Custody

Types of Physical Custody

Types of Physical Custody

 
There are two main types of legal custody arrangements:

  • Sole legal custody: In this case, only one parent has the right to make major decisions about the child.
  • Joint legal custody: Both parents share the responsibility and authority to make major decisions together. This often requires cooperation and communication between parents..

Types of Physical Custody

Types of Physical Custody

Types of Physical Custody

 There are two main types of physical custody arrangements:

  • Sole physical custody: The child lives primarily with one parent and spends less frequent time with the other parent.
  • Joint physical custody: The child splits their time between both parents' homes, following a pre-determined schedule. This can be equal time or vary depending on the situation.

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Photos by Emma Burcusel Photography

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  • Criminal Defense
  • Drunk Driving Defense
  • Assault & Battery
  • Divorce
  • Discovery
  • Paternity
  • Modifying Custody Orders

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