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If you are not married but you have a child or children, divorce is not be an issue, however if you separate from the other parent you will have to handle custody, parenting time and child support. This blog broadly addresses the answer of what you should do with regards to these issues if you and the other parent separate or never lived together. If you have questions about your own situation, please contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.
What You Should Do Regarding Custody, Parenting Time and Child Support In Michigan If You Are Not Married To The Other Parent.
There are many different avenues you can take with regards to these issues. Some parents prefer not to get the courts involved and handle these issues amongst themselves, sometimes this works, often times it does not. Another option is to file the appropriate pleadings with the local family law court to start proceedings to establish parentage, determine custody, parenting time and child support.
Typically, one files what is referred to as a Complaint to Establish Parentage, Custody and Support. In this document, you state some basic facts regarding the child, the history of whom has provided the care and support for the child and some other facts to establish that the court has proper jurisidiction over the case. At the end of the document you state your requested relief (what it is you ideally want the court to order with regards to the case). Just to clarify, the term custody currently has less to do with whom the child primarily resides and more about who makes decisions for the child with regards to major life decisions, medical care, schooling and basically the right to be a parent to the child. Joint custody is routinely granted unless there is some strong reason why the court should not grant joint custody. Parenting time or the parenting time schedule is really what determines with whom the child will be during the regular weekdays and holidays as well as who should pick-up or drop-off the child with the other parent, school or some other place when it is the day and time to exchange the child for parenting time. Child support is calculated according to the Michigan Child Support Formula and Michigan Child Support Formula Guidelines which encompass a number of factors.
So for a very general example, the complaint might basically state the age of the child, that the parties were never marred, but resided together and provided care and support for the child. The parties remain together, however the plaintiff (the person that files the complaint) and Defendant plan to separate and require the court to provide an order or judgment regarding custody, parenting time and child support. Then the request would be that the court grant joint legal custody, with an equal parenting time arrangement and child support calculated according to the Michigan Child. The child support would start once the parents actually separate.
Alternatively, as another example, the complaint might state that while the parents were not married, they resided together until one parent unilaterally decided to leave the home with the child or children. The request for relief from the court might be for the other parent to return the child to the home until custody, parenting time and support can be established or that an interim order be entered regarding these issues until the parents or the court are able to determine the long-term custody, parenting time and child support arrangement.
If you are facing these types of issues, particularly if the other parent has moved out of the home with the children, time is of the essence and you should consult with an attorney or otherwise take some immediate action. Please do not hesitate to contact us to schedule a consultation by clicking on this link, or calling (248) 608-4123.
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