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Changing a Child Custody Order - Self HelpThe following information will take you through the steps in a proceeding to change an existing custody order. To access any of the necessary forms, simply click on the form number. To access any of the topics, simply click on the topic. The instructions in this Self-Help Center apply generally to all circuit courts and friend of the court offices, but there can be differences in local practice. For example, some courts and friend of the court offices will provide more help or will complete portions of the forms for you. You should contact the court and the friend of the court office where you intend to file your motion for information about these local practices. Statutes, Court Rules, and Other ResourcesUsing Court Forms How to Begin Serving the Motion What to do if You Receive a Motion Preparing for the Hearing Attending the Hearing Preparing the Order Serving the Order Enforcing the Order Statutes, Court Rules, and Other ResourcesStatutes and court rules associated with child custody proceedings are
the
Child Custody Act, and Michigan
Court Rule 2.119, and Subchapter
3.200 of the Michigan Court Rules >>. In addition to the statutes
and court rules, see the Michigan
Custody Guideline and the Custody
and Parenting Time Investigation Manual. Using Court FormsCourt forms are available for use in changing child custody orders. These forms follow the procedures stated in the Michigan Compiled Laws and Michigan Court Rules and can be used without the assistance of an attorney. See details on how to find legal information >>. When using forms, you are required to provide the total number of copies for use by the court, the parties, and any other person or organization that must receive the form. See the upper-right hand corner of each form to determine the mandatory number of copies and who must receive those copies. When completing a form on-line, you must print the number of copies you will need for filing with the court and service on the parties. Otherwise, you will have to photocopy the proper number of copies before filing the form with the court. If you do not provide the court with the correct number of copies, the court might reject the form for nonconformance under the authority of Michigan Court Rule 8.119(C). Unless specifically required by court rule or statute, the court is not responsible for making copies of forms for you. Select the forms you need from the list below. Instructions for completing the forms are available.
How to Begin Your RequestTo request a change in your custody order, you must file a motion with the circuit court where your case exists. You are the "moving party." The other party is referred to as the "respondent" in this Self-Help Center. Select the form you need based on the situation described below and follow the instructions for completing and processing provided with each form. You must state adequate facts and details in your motion.
The cost of filing a motion is $20.00. The moving party is responsible for paying the filing fee and any other required fees. Serving the Motion to Change CustodyAfter you have filed your motion, you must notify the respondent that
you have filed a motion to change custody and the date to be in court.
Serve the motion on the respondent by first class mail to the last known
address of the respondent. Follow the instructions on the forms to make
sure you serve the court papers as required. See also MCR
2.107 and MCR
3.203 for service requirements. See
general information about service >>. What to do if You Receive a Motion to Change CustodyIf you are served with a motion to change custody, you are the "respondent." You must appear and answer the motion by the date on the notice of hearing. You can appear and answer by either: 1) filing a written reply or motion and serving the moving party with that reply or motion; or 2) orally answering each allegation in the motion at the hearing. You have the right to be represented by an attorney.If you do not appear and answer and there is proof in the court file that the motion was served on you, the court may continue without your presence. This means the judge can grant a change in child custody as requested by the moving party without hearing from you. Even if you and the moving party agreed to the change in custody, and the motion states what you agreed to, you should still respond to the motion. Preparing for the HearingOn the hearing date, any of the following may happen: 1. If both the moving party and the respondent appear, the court may recommend that the parties go to mediation, or that the friend of the court complete an evaluation, and the case may be adjourned. If either party does not want to attempt mediation, the hearing will proceed. See MCR 3.216 for information about domestic relations mediation >>. 2. If the moving party does not appear and the respondent does, the motion may be dismissed, and the court may assess costs against the moving party. 3. If the respondent does not appear and the moving party does, the hearing may be held and the court may grant the moving party's request if the court decides that the moving party has presented sufficient grounds for a change in custody. When you go to court for a hearing, take with you all the evidence you believe proves your case. This might include reports that support your facts or reasons, photographs, and other information. Any witnesses you would like to speak on your behalf should appear in court as well. See general information about hearings for directions on getting witnesses to appear >>. The HearingThe hearing will usually take place at the court where the motion was filed. It is important to be there on time; if you filed the motion and are not in court when your case is called, the motion may be dismissed. If you are the respondent and are not in court when the case is called, the hearing may continue without your presence. Bring all of your relevant papers or other evidence and make sure your witnesses are on time. A custody motion will be heard by a judge or a referee. The hearing will be recorded. The court clerk will call the case and both the moving party and the respondent will appear before the judge or referee. The judge or referee will ask the moving party to state the facts and law in support of the motion. When the moving party has finished, the respondent will have an opportunity to respond. Each party should listen carefully. If either party thinks someone is leaving something out or is misstating facts, they should be sure to tell the judge or referee. Both parties should take their time and tell what happened in their own words and why they think the court should order what they seek. The moving party will be seeking the relief requested in the motion, while the respondent may ask the court to grant the relief requested, grant some other form of relief, or dismiss the motion altogether. Each party may present evidence to support his or her argument. Witnesses will be allowed to tell the court about facts they know that support this evidence. See general information about hearings >>. See also MCR 3.210 for information about domestic relations hearings >>. Custody OrderIf the hearing was held before a referee, a recommended order will be prepared by the referee within 21 days after the hearing. This recommendation will be served on the parties. If you do not agree with the referee's recommendation, you have 21 days after being served with the recommendation to file an objection and to request a de novo hearing before the judge. Use the Objection to Referee's Recommended Order, form FOC 68. See MCR 3.215 for information about domestic relations referees >>. If the hearing was held before a judge, the judge will ask one of the parties to prepare the order. This is usually the person who was successful in arguing the motion. This person is called the "prevailing party." The prevailing party prepares the order after the hearing (form FOC 89, which includes FOC 10/52 for any support changes ordered at the same time). The order must then be signed by the judge. Some courts may require the order to be approved by the friend of the court before the judge will sign it. Call the friend of the court office and ask them if they must approve the order before the court will enter it. Once the order is completed, approved as necessary, and signed by the judge, the moving party must file it with the clerk of the court. It will cost $80.00 to have the custody order processed by the clerk of the court. If the order is not filed, it does not become effective. Both parties are required to obey the order. If you do not obey the order, the other party can file a motion to order you into court to explain why you shouldn't be held in contempt for violating the order. See MCR 3.211 for more information about domestic relations orders >>. Serving the OrderUnless the hearing was held before a referee, the prevailing party must serve the signed order on the other party after it is filed with the clerk of the court. If you do not serve the other party with a copy of the order, you may have trouble getting the order enforced. Serve the order by first-class mail to the last known address of the other party. Follow the instructions on the forms to make sure you serve the court papers as required. See also MCR 2.107 and MCR 3.203 for service requirements. See general information about service >>.Enforcing the OrderUnless you have opted not to receive friend of the court services, or your court order does not contain specific custody language, the friend of the court will assist in enforcing custody orders. Once a custody order has been entered, the court retains authority until the child reaches the age of 18. During this period of time the court can review and change the custody order if a motion is filed and the court believes a change is in the best interests of the child. The friend of the court is required to enforce custody unless you have opted not to receive friend of the court services. Upon receipt of a written complaint stating the specific facts alleging a violation of a custody order, the friend of the court will initiate enforcement proceedings as required in MCL 552.511b and in MCR 3.208(B). The friend of the court is also required, upon request, to assist a party in preparing a written complaint regarding custody as required by MCL 552.511b(1). For other details on enforcement, see Custody in general >>. |
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