In Michigan, living together and raising a child does not make you legal parents in the eyes of the law. There is no “common-law custody,” no automatic visitation rights, and no obligation to support a child—unless paternity has been formally established.

This reality catches many unmarried parents off guard. Fathers who have been present since birth may discover they have no enforceable rights. Mothers may learn they cannot compel financial support. And children can be left without the legal protections that flow from a recognized parent-child relationship.

Paternity is the legal switch that turns parental rights and responsibilities on. Until that switch is flipped, intentions and biology alone are not enough.

At Boroja, Bernier & Associates, we help unmarried parents throughout Southeast Michigan navigate paternity establishment, custody, and support matters. Whether you’re a father wanting to secure your place in your child’s life or a mother seeking the support your child deserves, understanding how Michigan handles these issues is the essential first step.

Why Paternity Matters: Rights and Responsibilities

Michigan law treats paternity as a jurisdictional gateway. Until it is established, courts generally lack authority to award custody, parenting time, or child support to an unmarried father. This structure reflects the state’s emphasis on formal parentage rather than informal family arrangements—no matter how longstanding or functional those arrangements may be.

Paternity establishment isn’t just paperwork—it fundamentally defines the legal relationship between a father and child.

For Fathers: No Rights Without Paternity

Until paternity is established, an unmarried biological father has no legal rights to his child. This means:

• No right to custody—even if you’ve been actively parenting, you cannot seek legal or physical custody without established paternity
• No right to parenting time—you have no legal entitlement to visitation, and the mother has no legal obligation to allow contact
• No right to make decisions—you cannot consent to medical treatment, enroll the child in school, or make other parental decisions
• No right to be notified—if the mother places the child for adoption, you may not be entitled to notice or the opportunity to object without proper paternity establishment

Michigan draws a sharp distinction between parenting in fact and parenting in law. A father may have acted as a daily caregiver, financial provider, and emotional support for years, yet remain a legal stranger to the child until paternity is established. Courts do not infer parental rights from conduct alone—legal status must come first.

This can be devastating for fathers who want to be involved. A mother who decides to limit or eliminate a father’s contact faces no legal consequences until paternity is established.

For Mothers: Limited Recourse Without Paternity

Without established paternity, mothers cannot enforce a father’s obligations. This means:

• No child support—you cannot obtain a support order without a legal father. The biological father has no obligation to contribute financially.
• No health insurance requirements—you cannot require the father to provide or contribute to the child’s health coverage.
• No shared responsibility—all parenting burdens fall on you alone, with no legal mechanism to require the father’s participation.

From the court’s perspective, paternity and child support are inseparable. Michigan cannot impose a financial obligation on a father until legal parentage exists. Establishing paternity is therefore not only about securing rights—it is the prerequisite to enforcing responsibility.

For Children: Fundamental Interests at Stake

Children have independent interests in paternity establishment:

• Financial support from both parents improves children’s outcomes and opportunities
• Health insurance access through the father’s employment may be essential
• Medical history from the paternal side can be critical for healthcare decisions
• Inheritance rights from the father (and paternal grandparents) depend on legal paternity
• Social Security and other benefits may be available if the father becomes disabled or dies
• Identity and relationship with the father and paternal family matter for children’s development and sense of self

Ways to Establish Paternity in Michigan

Michigan provides several pathways to establish paternity, ranging from simple voluntary acknowledgment to court proceedings with genetic testing.

Affidavit of Parentage

The simplest method is the Affidavit of Parentage—a voluntary acknowledgment signed by both parents.

How it works: Both the mother and father sign a form acknowledging that the man is the child’s biological father. This is typically offered at the hospital after birth, but can be completed later at the local health department, the Department of Health and Human Services, or through a child support office.

Requirements:

• Both parents must sign voluntarily
• The mother cannot be married to someone else at the time of birth (if she is, her husband is presumed to be the father)
• Both parents receive information about the legal consequences of signing
• A witness or notary must be present

Effect: Once properly signed and filed, the Affidavit of Parentage has the same legal effect as a court order establishing paternity. The father’s name is added to the birth certificate, and he becomes the legal father with all associated rights and obligations.

Revocation period: Either parent can revoke the affidavit within 60 days of signing by filing a revocation with the state. After 60 days, the affidavit can only be challenged based on fraud, duress, or material mistake of fact—and even then, only through court proceedings.

Court Order Establishing Paternity

When parents don’t agree on paternity, or when the mother is married to someone other than the biological father, court proceedings may be necessary.

Who can file: The mother, alleged father, the child (through a representative), or the prosecuting attorney or Friend of the Court (often in connection with public assistance cases) can initiate paternity proceedings.

The process:

• A complaint to establish paternity is filed with the circuit court
• The alleged father is served with notice and has opportunity to respond
• If paternity is disputed, the court orders genetic testing
• Based on test results and other evidence, the court enters an order establishing (or disestablishing) paternity

Genetic testing: DNA testing is highly accurate—over 99% certainty in establishing biological parentage. Testing typically involves cheek swabs from the child, mother, and alleged father. Courts give significant weight to genetic test results.

Genetic Testing Without Court Involvement

Parents can obtain private DNA testing without court involvement, but the results alone don’t establish legal paternity. Private testing can help parents decide whether to sign an Affidavit of Parentage or proceed with court action, but formal legal establishment still requires either the affidavit or court order.

Paternity by Presumption

In some circumstances, Michigan law presumes a man is the father:

• Marital presumption: A child born during a marriage or within 300 days after the marriage ends is presumed to be the husband’s child. This presumption can be overcome, but doing so requires legal proceedings.
• Holding out: A man who openly holds himself out as the child’s father and receives the child into his home may be presumed to be the father in some circumstances.

These presumptions can complicate situations where the presumed father isn’t the biological father—issues addressed below under disputed paternity.

Rights Triggered by Establishing Paternity

Once paternity is established, the father gains legal standing equal to the mother’s. This doesn’t mean automatic equal custody—but it means the father can seek custody and parenting time through the court system.

Custody Rights

Legal custody (decision-making authority) and physical custody (where the child lives) become issues the father can address in court.

Once paternity is established, the playing field changes immediately. The father does not receive automatic custody—but he gains standing to ask the court to evaluate custody and parenting time using the same best-interest factors applied in divorce cases. Before paternity, the court cannot reach that analysis at all.

Unmarried fathers start without any custody presumption—neither for nor against. Courts apply the same 12 best-interest factors under MCL 722.23 that apply in divorce cases.

Practical reality: An unmarried father who has been actively involved in the child’s life—attending medical appointments, participating in school activities, providing daily care—will have strong arguments for custody or significant parenting time. A father who hasn’t been involved faces an uphill battle regardless of his biological connection.

Parenting Time Rights

Even if the mother has primary physical custody, the father can seek parenting time (visitation). Michigan law under MCL 722.27a presumes that parenting time with both parents serves the child’s best interests.

Courts craft parenting time schedules based on the child’s age, each parent’s circumstances, and practical logistics—the same considerations that apply in divorce cases.

Decision-Making Rights

An established father has the right to participate in major decisions affecting his child—education, healthcare, religious upbringing—depending on the custody arrangement.

Even without legal custody, fathers typically have rights to access school records, medical information, and other information about their child.

Child Support Obligations and Benefits

Paternity establishment triggers financial obligations—and provides financial benefits.

Child Support Obligations

Once paternity is established, the father becomes legally obligated to support his child. Michigan’s child support formula applies the same way it does in divorce cases, considering both parents’ incomes, parenting time overnights, childcare expenses, and healthcare costs.

Key points:

• Support obligations begin from the date of the court order establishing support—not retroactively to birth in most circumstances
• Both parents have support obligations—the formula calculates each parent’s share based on income
• The Friend of the Court enforces support orders through wage garnishment, tax intercept, license suspension, and other mechanisms

Health Insurance Requirements

Support orders typically require one or both parents to provide health insurance for the child if available at reasonable cost through employment. This can be a significant benefit, providing coverage the custodial parent couldn’t otherwise afford.

Inheritance Rights

A child whose paternity is established has inheritance rights from the father—and from paternal grandparents and other relatives. Without established paternity, these rights don’t exist.

Estate planning note: Even with established paternity, inheritance depends on the father’s estate plan (or intestacy laws if there’s no plan). Fathers wanting to provide for their children should have proper wills or trusts in place.

Social Security and Other Benefits

Children with established paternity may be entitled to Social Security benefits if the father becomes disabled, retires, or dies. These benefits can be substantial and continue until the child reaches adulthood.

Veterans’ benefits, workers’ compensation survivor benefits, and other programs may also provide benefits to children with established paternity.

Special Issues: Disputed and Mistaken Paternity

Not every paternity case is straightforward. Disputes arise when men deny being the father, when presumed fathers aren’t biological fathers, and when paternity was established based on incorrect information.

When the Alleged Father Denies Paternity

If a man denies being the father, the mother (or state) can file a paternity action requesting court-ordered genetic testing. If testing confirms biological paternity, the court will establish legal paternity over the man’s objection.

Alleged fathers should take these proceedings seriously. Ignoring a paternity complaint can result in default judgment establishing paternity without genetic testing. Once established, paternity is difficult to challenge.

When the Presumed Father Isn’t the Biological Father

The marital presumption—that a husband is the father of children born during marriage—creates complications when he’s not actually the biological father.

Overcoming the presumption requires legal proceedings. Options depend on circumstances and timing:

• If discovered quickly after birth, the husband and biological father may be able to execute affidavits disclaiming and acknowledging paternity respectively
• If discovered later, court proceedings are typically necessary, and results depend on factors including how long the presumed father acted as the child’s parent

The child’s interests matter. Courts consider whether disrupting an established parent-child relationship serves the child’s best interests, even if biology suggests a different father.

Challenging Previously Established Paternity

What if you signed an Affidavit of Parentage or were ordered to be the father, but later discover (or suspect) you’re not the biological father?

• Within 60 days of signing an affidavit: Either parent can revoke by filing proper paperwork.
• After 60 days: Challenging the affidavit requires proving fraud, duress, or material mistake of fact—and even then, courts consider the child’s interests and the length of the established relationship.
• Court orders: Challenging a court paternity determination is even more difficult, typically requiring evidence of fraud or newly discovered evidence that couldn’t have been found earlier.

Timing matters enormously. The longer paternity has been established and the more the father has acted as the child’s parent, the harder it becomes to disestablish paternity—regardless of biological truth. Courts prioritize children’s stability and established relationships.

Frequently Asked Questions About Michigan Paternity

How do I establish paternity if the mother won’t cooperate?

You can file a paternity action in circuit court without the mother’s cooperation. The court will order genetic testing and, if results confirm you’re the father, establish paternity over any objection. Once paternity is established, you can pursue custody and parenting time. An attorney can guide you through the process and help you move efficiently.

Can I get custody as an unmarried father in Michigan?

Yes, once paternity is established. Michigan law doesn’t favor mothers over fathers—courts apply the same best-interest factors regardless of marital status or parent gender. Your involvement in your child’s life, ability to provide stable care, and other best-interest factors determine outcomes. An uninvolved biological father won’t receive custody simply because of genetics.

How long does establishing paternity take?

Voluntary acknowledgment through an Affidavit of Parentage can be completed in a single visit if both parents agree. Court proceedings for disputed paternity typically take several months—time for filing, service, genetic testing, and court hearings. The timeline varies by county and case complexity.

What if I’ve been paying support but I’m not the biological father?

This complicated situation requires prompt legal action. Whether you can stop or recover payments depends on how paternity was established, how long ago, and whether you’ve acted as the child’s father. Courts balance biological truth against children’s established relationships and interests. Consult an attorney immediately—delay typically makes your position worse.

Do unmarried fathers have to pay child support?

Yes, once paternity is established. Biological fathers have the same support obligations as divorced fathers. The mother can seek a support order through the Friend of the Court or by filing a support action. Support is calculated using Michigan’s child support formula based on both parents’ incomes and parenting time.

What rights do unmarried mothers have without establishing paternity?

Without established paternity, the mother has sole legal and physical custody by default. However, she cannot obtain child support, require health insurance contributions, or compel the father’s participation in any way. Establishing paternity protects both parents’ interests—and most importantly, the child’s interests.

Take the Next Step: Secure Your Parental Rights

Whether you’re a father seeking to establish your rights or a mother seeking support for your child, paternity establishment is the essential first step. Without it, neither parent has full legal standing and the child misses important protections.

At Boroja, Bernier & Associates, we help unmarried parents in Michigan navigate paternity establishment, custody, and support matters with practical guidance tailored to their situations. Our family law attorneys understand that these issues are personal and often emotionally charged—but they’re also legal matters that require strategic action.

With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we serve families throughout Macomb County, Oakland County, Wayne County, and Southeast Michigan.

To schedule a consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. We’ll help you establish the legal foundation for your relationship with your child.