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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30167
Experience:  Attorney with experience in family law.
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I live in Clio, MI and my wife and I are splitting up. No one

Customer Question

I live in Clio, MI and my wife and I are splitting up. No one has filed for divorce or separation. She states that, because we had our son out of wedlock, she has the right to keep him from me. We're legally married and we're both great parents. Can she really keep him from me until I take her to court?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. When a child is born to unmarried parents, custody is presumed to be with the mother unless or until they get a court order that says otherwise. This is unfortunately true even if your name is ***** ***** birth certificate, and even if you married after the fact. But you do have a right to file a Motion for Temporary Custody, asking the judge to grant you time with your child. This can be done at the same time as a Complaint for Divorce or any time after the divorce case is opened. You're not required to have been separated any specific amount of time before filing. If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.