Mich. Comp. Laws » Michigan Compiled Laws / Chapter 722 / Act 305 of 1996
Michigan Compiled Laws

Mich. Comp. Laws § 722.1006 (2026)

Grant of initial custody.

✓ current as of July 2026
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ACKNOWLEDGMENT OF PARENTAGE ACT


Act 305 of 1996


722.1006 Grant of initial custody.

Sec. 6.

    After completion of an acknowledgement of parentage signed according to section 3(1) that complies with this act is filed with the state registrar, the mother has initial custody of the minor child, without prejudice to the determination of either parent's custodial rights, until otherwise determined by the court or otherwise agreed upon by the parties in writing and acknowledged by the court. This grant of initial custody to the mother does not, by itself, affect the rights of either parent in a proceeding to seek a court order for custody or parenting time.

    

    

History: 1996, Act 305, Eff. June 1, 1997 ;-- Am. 2006, Act 105, Imd. Eff. Apr. 7, 2006 ;-- Am. 2024, Act 31, Eff. Apr. 2, 2025

Notes of Decisions
Cited in 13 cases (6 in the last 5 years), 2001–2025 · leading case: In re Beers, 926 N.W.2d 832 (Mich. Ct. App. 2018).
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In re Beers, 926 N.W.2d 832 (Mich. Ct. App. 2018). · cites it 4× “However, before addressing petitioner's plain-error argument and the proper remedy for the error, it is incumbent on us to address an issue not raised by the parties.”
Sims v. Verbrugge, 911 N.W.2d 233 (Mich. Ct. App. 2017). · cites it 7× “Insofar as custody is concerned, MCL 722.1006 provides as follows: After a mother and father sign an acknowledgment of parentage, the mother has initial custody of the minor child, without prejudice to the determination of either parent's custodial rights, until *238 otherwise…”
Foster v. Wolkowitz, 785 N.W.2d 59 (Mich. 2010). · cites it 4× “MCL 722.1006 indicates that the grant of initial custody is “without prejudice to the determination of either parent’s custodial rights” and that the grant of initial custody “shall not, by itself, affect the rights of either parent in a proceeding to seek a court order for…”
Eldred v. Ziny, 631 N.W.2d 748 (Mich. Ct. App. 2001). “6 See MCL 722.1006 (providing that upon execution of an acknowledgment of parentage, “the mother is presumed to have custody of the minor child”).”
20241126_C370691_36_370691.Opn.Pdf (Mich. Ct. App. 2024). · cites it 7× “Plaintiff argues that the trial court should not have made its custody and change-of- domicile determinations without analyzing the best-interests factors under a clear-and-convincing- evidence standard.”
in Re beers/lebeau-beers Minors (Mich. Ct. App. 2018). · cites it 4× “When respondents signed the affidavit of parentage, respondent-mother, by operation of MCL 722.1006, received legal and physical custody of TB.”
in Re beers/lebeau-beers Minors (Mich. Ct. App. 2018). · cites it 4× “When respondents signed the affidavit of parentage, respondent-mother, by operation of MCL 722.1006, received legal and physical custody of TB.”
Charlie Dalton Davis v. Elise Cathryn Schnuphase (Mich. Ct. App. 2022). · cites it 3× “, addresses the impact of an AOP on a child’s custody, stating: After a mother and father sign an acknowledgment of parentage, the mother has initial custody of the minor child, without prejudice to the determination of either parent’s custodial rights, until otherwise…”
Charlie Dalton Davis v. Elise Cathryn Schnuphase (Mich. Ct. App. 2022). · cites it 3× “, addresses the impact of an AOP on a child’s custody, stating: After a mother and father sign an acknowledgment of parentage, the mother has initial custody of the minor child, without prejudice to the determination of either parent’s custodial rights, until otherwise…”
In Re Guardianship of Am (Mich. Ct. App. 2025). · cites it 3× “At its root, the fundamental premise of respondent-appellant’s argument is that an unmarried father must take affirmative steps through the court system to obtain legal custody of his child that the mother does not need to take because MCL 722.1006 creates a presumption of…”
Jose Guardalupe Hernandez v. Victoria Mayoral-Martinez (Mich. Ct. App. 2019). “MCL 722.1006. The parties’ relationship ended sometime after the child’s birth.”
In Re Truax Minors (Mich. Ct. App. 2023). “Respondent also argues that because he is AT’s and RT’s legal father through an affidavit of parentage, Houpt has legal and physical custody of AT and RT under MCL 722.1006 (when a mother and father sign an acknowledgment of parentage, the mother has initial custody).”
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