Oakland and Macomb Family Lawyers for Unmarried Couples

Michigan attorneys manage issues related to child custody and support

More couples than ever are choosing to cohabit, share property and have children without getting married. While these relationships can be just as committed as marriages, Michigan law treats them very differently. When an unmarried couple separates and disputes arise, there is no statutory framework for dividing property. If there are children involved, resolution of custody and support issues depend on paternity being established. At Dawson Family Law, PLLC in Troy, we help unmarried individuals to understand their rights and to protect their interests and that of their children. 

What happens when unmarried couples go their separate ways?

When a married couple divorces, the Family Division of the Circuit Court has jurisdiction over division of property and determination of child custody and support. But for unmarried couples, there is no formal court proceeding for dissolution of their relationship, even if they have lived together for many years. Instead, dispute resolution might require separate legal actions, such as paternity cases, child custody proceedings or civil claims related to property ownership.

Without court orders, a parent might lack enforceable rights to parenting time or might have no access to financial support for the children. Prompt legal action is often necessary to protect your interests.

What rights do unmarried parents have under Michigan law?

An unmarried mother automatically has full legal and physical custody of a child at birth. A biological father has no enforceable right to custody or parenting time, nor is he subject to child support obligations, unless paternity has been established. If this was not done voluntarily through an Affidavit of Parentage at the time of the child’s birth, it must be done through a paternity action in court.

How can an unmarried parent get custody or parenting time?

Once paternity is established, either parent can file a custody and parenting time case. A court applies the “best interests of the child” standard to determine custody and parenting time. The court can issue temporary orders while the case is pending and final orders after a hearing. These orders can create legally enforceable schedules and rules for both parents.

How do unmarried couples divide common property In Michigan?

Michigan does not recognize common-law marriage. This means unmarried couples who separate are not subject to the equitable distribution rules that apply in divorce cases. Property belongs to the person whose name appears on the deed or other document conveying title.

However, disputes may arise when both partners contributed financially to property that is titled in only one name. An example, a house might be owned by one partner but the other may have shared in making mortgage or tax payments or with paying for improvements. Civil claims such as unjust enrichment or constructive trust may be brought to seek reimbursement or an equitable interest in the property. These claims can be difficult to prove, so strong legal advocacy is required.

How an Oakland and Macomb family law attorney can help

If you are unmarried and ending a committed relationship, our family law attorneys can evaluate your situation, identify the appropriate legal processes and guide you through them. We assist with establishing paternity, pursuing custody and parenting time, enforcing child support and pursuing civil claims related to shared property. We can also negotiate agreements that reduce conflict and provide clarity about financial obligations and parental rights and responsibilities.

If you are in a cohabiting relationship that you wish to continue, we can draft a precise cohabitation agreement to secure your rights in the event of a future breakup.

Contact our family law attorneys to schedule a free initial consultation

Dawson Family Law, PLLC in Troy, Michigan assists unmarried individuals in Oakland and Macomb and vicinity with matters related to parenting and property division. Please call 586-514-0084 or contact us online to schedule a free initial consultation.