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Parental Rights in Michigan Unmarried fathers have the right to claim paternity (Notice of Intent to Claim Paternity) before or after a child is born. Unmarried fathers have no right to support or visitation if the mother was married during the birth of the child (must mutually establish paternity first).
Under Michigan law, courts already can award joint physical custody, or shared physical custody. In many cases, courts do make the decision to award 50-50 shared physical custody, but this is not the issue at stake with the proposed legislation.
Typically, these terms apply to physical custody only; parents often still share joint legal custody. Uneven schedules usually split time between parents 60/40, 70/30 or 80/20. A common 60/40 arrangement is the every extended weekend schedule.
The statute provides that \u201cparenting time shall be granted in accordance with the best interests of the child.\u201d MCL 722.27a(1). The statute creates a presumption that it is in the best interest of the child to have a strong relationship with both parents.
Under Michigan law, courts already can award joint physical custody, or shared physical custody. In many cases, courts do make the decision to award 50-50 shared physical custody, but this is not the issue at stake with the proposed legislation.
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If you believe that you need to withhold parenting time, you will want to file a motion. A motion is a formal request to the Court for relief. You will want to file a parenting time motion if you believe that parenting time is not in the best interest of your children.
How Do I File a Motion? Top. If you want to change an ex parte order regarding parenting time (a temporary order entered without a hearing), use the form called Objection to Ex Parte Order and Motion to Rescind or Modify. You must file this form within 14 days after you were served with the ex parte order.
Parenting Time Contact the Friend of the Court and request that they initiate enforcement of the parenting time order. ... File a motion, with or without an attorney, and ask the court to enforce the parenting time order.
If the biological father becomes the legal father by signing an Affidavit of Parentage, either he or the mother can start a custody case. If the judge signs an order making him the legal father, either party can file a Motion Regarding Custody in the paternity case to get or change a custody order.
Submit Your Forms to Open the Case Turn in your signed and copied forms to the clerk's office, and pay the filing fee (usually $250) or file your fee waiver request.

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