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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Unwed mother with father living in same house. Father has

Customer Question

Unwed mother with father living in same house. Father has become increasing verbally mean while mother is 6 months pregnant with his son. Father is not only verbally mean to pregnant mother but to mother's 3 year old daughter, who is not his. I want child support but am worried about visitation and/or joint custody with someone who has become a little unstable. Live in Michigan. Any advise for pre-emptive matters I should attend to before this little baby comes into the world?
Submitted: 6 years ago.
Category: Family Law
Expert:  Ellen replied 6 years ago.

Thank you for your question. I am happy to assist you.

Absent the establishment of paternity, an unmarried father has no parental rights as he is not legally recognized as the father.

When a child's parents are unmarried the mother has sole custody unless the father takes some action to establish his paternity. If no paternity is established, the father has no rights to see the child.

Once paternity is established, both the father and the mother will have equal rights to custody of the child.
Customer: replied 6 years ago.
Father's name will be on birth certificate. Even though not married the primary custiodial parent will be both of us even if he is not living with us?
Expert:  Ellen replied 6 years ago.
You are not required to put the father's name on the birth certificate absent a court determination of paternity. If you put the father's name on the birth certificate, he has rights equal to you. The court will determine custody based upon the best interests of the child and not based upon gender