Mendon, MI asked in Child Custody for Michigan

Q: In Michigan when a child's parents go to split never married who has custody can mother leave relationship with child?

Father is trying to isolate child telling mother she can't have him will never get custody and can't move out with her son

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: When not married, the mother is presumed to have custody of the child - particularly so when there is not an affidavit of parentage on file or a paternity determination naming the father. The mother can leave with the child. A father can file always file a custody complaint and argue the 12 Best Interest factors should favor him.

Using custody as leverage to keep the mother in the relationship is not the look a father wants going into a potential custody battle, I can tell you that.

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