If I have a one year old daughter, how do I get primary custody of her?

Her mother and I are not married and the relationship is ending. I am on the birth certificate as the father and have done most of the taking care of her except financially since im currently looking for work. I want to get primary custody physical and legal of my daughter. Her mother is disabled not able to lift over 7 pounds and has post partum and a recent suicide attempt that sent her to the hospital after taking 23 vicodin in less than two days. My parents have said I could live with them until I get a job and they would help support me and my daughter. Do I have a case? What more would I need to get sole custody?

Asked on January 7, 2013 under Family Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You seemingly have a basis for primary custody of your child. In order to get such legally, consult with a family law attorney to draft a custody arrangement with the other parent and order for signature and filing with the court. If she refuses, your option is to file a petition with the court seeking what you desire.

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