Protecting Fathers’ Rights in Michigan

While Michigan law recognizes the equal rights of both parents, fathers still face unique challenges in asserting those rights. This is particularly true in cases involving custody, parenting time, and legal decision-making. It is important for fathers to understand their rights in order to protect their relationship with their children and navigate the legal system with confidence.

Divorce Couple looking away from each other

Michigan’s Child Custody Act emphasizes the best interests of the child, not the gender of the parent. This means fathers can and should pursue joint legal custody, allowing them to make decisions on important matters such as education, healthcare, and religion. Fathers are also entitled to seek a fair and consistent parenting time schedule, which defines how much time the child spends with each parent. The courts look favorably on involved fathers and aim to preserve the parental bond wherever possible.

The Importance of Establishing Paternity

For fathers who are not married to the child’s mother, establishing legal paternity is the first critical step toward asserting parental rights. This can be accomplished by signing an Affidavit of Parentage or through a court proceeding that may involve DNA testing. Without legal paternity, a father has no enforceable right to custody or parenting time.

Once paternity is confirmed, fathers can request parenting time and may also be subject to child support obligations. Michigan uses a standardized formula to calculate support based on each parent’s income and the time the child spends with them. Working with an experienced family law attorney is key to ensuring these calculations are fair and that support obligations align with a fathers actual circumstances.

Legal Advocacy When Rights Are Challenged

In some cases, fathers are unfairly denied time with their children, excluded from major decisions, or subjected to custodial interference. When that happens, a family law attorney can work to advocate for a fathers rights, whether through modification petitions, enforcement actions, or court representation. Additionally, they can help develop or revise parenting plans and defend against unfair allegations.

It should be noted that with parental rights come additional responsibilities. Courts expect fathers to contribute not only financially but emotionally to their children’s development. Family law attorneys work with their clients to meet both obligations, reinforcing the legal foundation for their role in their child’s life. This also can ensure that fathers rights are protected going forward, helping to avoid legal challenges and unfounded accusations.