In short, it depends. In Michigan, if a mother dies, the father does not automatically get custody of the child. However, the surviving biological parent, in this case, the father may become the child’s natural guardian and gain custody, with certain conditions.
Importantly, the father gaining custodial rights is contingent on the father establishing paternity and the family court that is handling the case formally acknowledging it. If paternity is already established and recognized, the father typically becomes the custodial parent unless there are reasons to believe he is unfit.
When determining whether or not the father should gain custodial rights, the court will always prioritize the best interests of the child when making such custody decisions. There are also other factors that a court will consider.
How Courts Make Custody Decisions?
Historically, child custody laws for unmarried parents were stacked against fathers who sought custody of their children. However, both state family laws and courts have now become more unbiased as to their perspective on granting a father legal or physical custody of their child. This is especially true in cases where the child’s biological mother has passed away.
It is important to note that child custody decisions in Michigan will always be based on the child’s best interest standard. The child’s best interest standard is a legal standard that prioritizes a child’s welfare over the wants and desires of the child’s parents.
This means that in Michigan, what is considered to be best for the child will always be placed over the wants and needs of the parents involved. In fact, family law courts in Michigan will only make custody decisions based on what is best for the child. Specifically, the best interest of the child standard is outlined in Michigan Compiled Laws (“MCL”) Section 722.23.
According to those laws, the court considers a variety of factors to determine what is in the best interests of the child, including:
- The emotional ties between the child and the parents
- The capacity of each parent to provide love, affection, and guidance
- The child’s adjustment to home, school, and community
- The mental and physical health of the parents
- The child’s preference, if the child is old enough to express a reasonable preference
- The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship with the other parent
All of those factors help ensure that the child’s well-being is the top priority in custody decisions. However, once again, a father who has established paternity that is seeking child custody after death of a custodial parent will automatically be granted custodial rights. This is unless it is demonstrated that granting them custodial rights is not in the child’s best interest.
What Types of Support Should Children Receive?
In the state of Michigan, children should receive various types of support in order to ensure their well-being and development. This includes:
- Basic needs such as clothing, shelter, and food
- The child’s healthcare, including basic medical care and health insurance
- The child’s education, including school-related expenses such as tuition, supplies, and extracurricular activities
- Emotional support for the child, including guidance, love, and emotional stability
- Social support for the child, including opportunities to engage with peers and participate in community activities
All of the above supports are designed to provide a comprehensive foundation for a child’s development and growth.
Why Is It Important To Appoint a Testamentary Guardian of Your Children in Your Will?
Appointing a testamentary guardian in your will is crucial in Michigan for many different reasons. For example, if there was a testamentary guardian for your children in your will, the court will try to ensure that the testator’s (i.e., the person who created the will) wishes are followed. This means that they will commonly appoint the person named in the will as guardian.
Other reasons why it’s important to appoint a testamentary guardian of your children in your will include:
- Ensuring Care for Your Children: Naming a testamentary guardian ensures that your children will be cared for by someone you trust if you die unexpectedly
- Avoiding Court Decisions: Without a designated guardian, the court will be left to decide who will take care of your children, which may not align with your wishes
- Reducing Family Conflicts: Naming a testamentary guardian provides a clear statement of your intentions, reducing potential conflicts among family members over who should care for your children
- Legal Clarity: Naming a guardian offers legal clarity and stability for your children during an already difficult time
When Should You Consider Choosing a Guardian?
As mentioned above, there are numerous reasons why you should name a guardian for your child in Michigan. In fact, you should consider choosing a guardian for your child in Michigan as soon as possible, ideally when your child is born. At the latest, when your child is very young, you should name a testamentary guardian.
Doing so will ensure that if something unexpected happens to you, you have already thought through who would be the best person to care for your child. Additionally, it is also a good idea to periodically review and update your guardianship choice. This is especially true if your circumstances or the potential guardian’s situation has changed.
Once again, guardianship is a legal arrangement where a court appoints an individual to care for a minor or an incapacitated adult. In Michigan, when determining who to name as a guardian over a minor child, the court will follow a set of criteria outlined in the Michigan Estates and Protected Individuals Code (“EPIC”)
The court considers the following factors and criteria when determining whom to name as guardian:
- Best Interests of the Child: Once again, the primary consideration is always the child’s best interests, including their physical, emotional, and educational needs
- Wishes of the Deceased Parent: Next, as discussed above, if the deceased parent left a will naming a guardian, the court will give significant weight to this preference
- Relationship with the Child: The court will next consider the existing relationship between the potential guardian and the child
- Ability to Provide Care: Any potential guardian’s ability to provide a stable and loving environment is crucial
- Moral Fitness: The moral fitness and character of the potential guardian will also be evaluated
- Child’s Preference: Depending on the child’s age and maturity, their preference may also be taken into account
A local attorney in Michigan will be able to help guide you through choosing a guardian and ensure that your estate plan is up to date in order to ensure the continued care of your child or children.
When Do I Need to Contact a Lawyer?
If you have a child and are wishing to plan for their continued care and support, such as ensuring that they are protected in an unforeseen circumstance, then it is recommended to consult with an experienced Michigan child custody lawyer.
LegalMatch can assist you in setting up a legal consultation with an experienced custody attorney in your area. A lawyer who handles custody cases will be able to help you understand Michigan’s specific custody laws when it comes to determining custody in the case of a death of a custodial parent.
They will also be able to help you plan for you and your child’s future. This means that an attorney will be able to help guide you through creating an estate plan that plans for the unexpected. Finally, a custody lawyer will also be able to help you execute any necessary documents and represent you in court, as needed.
