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  1. #1
    Join Date
    Feb 2005
    Posts
    5

    Default Who has Custody?

    I was wondering what happens in Michigan in between time a baby is first born and the parents go to court to establish a custody plan. If I were to drop my child off at his/her fathers house for a visitation could he legally refuse to give the baby back to me when I went to pick him/her back up? If I were to call the cops would they do anyting? He will be established as the childs father at the time of birth. I plan on giving the baby his last name and he will be on the birth certificate and everything else that goes along with that. So since we are both legally the parents of the child who has custody?

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Custody of Out-of-Wedlock Baby

    If the father is identified under the Affidavit of Parentage Act, there is a statutory presumption that custody is with the mother. However, different courts grant different amounts of weight to that presumption, and it would be difficult to get legal help based upon that presumption in the absence of a court order.

    Pending such time as you can obtain a court order, you may wish to draft a parenting time plan with the father, which you can both sign. While it would not be binding, such that the police would enforce it, if would likely be of interest ot a court in the event that the father refused to return the child at the conclusion of the agreed-upon parenting time.

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