Michigan Child Custody Forms and Process

Statutes

Michigan Compiled Laws:

• Section 722.23
• Section 722.1433
• Section 722.1435
• Section 722.1437
• Section 722.1441
• Section 722.1445

Establishing Paternity

Establishing paternity is a prerequisite for child custody when the parents aren't married to each other.

Parents are unmarried:

• If the parents were never married, the paternity of the child must be established before a custody case is filed.
• Form used: Affidavit of Parentage

Mother is married to someone other than the father:

• The mother's husband is the presumptive legal father of the child. To change this status, the mother, her husband, or the biological father must first get a court order revoking the husband's paternity.
• Form used: Affidavit to Revoke Acknowledgment of Parentage
  When the Affidavit of Parentage is in effect, the law gives initial custody to the mother until either parent begins the custody case.

Filing Your Case

The party that files for custody is the plaintiff; the other parent is the defendant. Below are the common steps in the process:

1. Determine if Michigan is the right state. The custody case should be filed in Michigan if it's your child's home state. Generally, this means that your child lived in Michigan with a parent for at least 6 consecutive months before the case was filed or since the child's birth.
   
2. File the case in the circuit court in your county.
   
3. To start proceedings, a complaint and specific documents must be filed, including:

• Uniform Child Custody Jurisdiction Enforcement Act Affidavit
• Verified Statement
• Application for IV-D Child Support Services

Custody Determinations

When parents can't agree, the court decides custody determination, including whether there's already an established custodial environment with either parent, and determines the proper burden of proof which is applied to the "best interests of the child" factors.

• The custody order will determine which parent will live with the child (physical custody) and which parent will make important decisions for the child (legal custody).
• Sole custody means only one parent has custody; joint custody means that the parents share custody.
• Parenting time (visitation) is generally applied to the parent who doesn't have physical custody.
• The case concludes when the court issues a custody order.