How to Modify Child Custody in Michigan

A custody order can be modified by moving the court to do so.

Child custody in Michigan is determined by court order. Modifying custody therefore requires additional action by the court. If you are already receiving friend of the court assistance, you can also get help in modifying a child custody order. You can also represent yourself.

Things You'll Need

• Form FOC 61
• Form FOC 87

Instructions

1. Obtain a motion form. If the custody motion you seek to modify was entered after a hearing, you must obtain Form FOC 87, Motion Regarding Custody. If, however, the order was entered without a hearing, you must use Form FOC 61, Objection to Ex Parte Order and Motion to Modify or Rescind. Both forms are linked in the Resources section of this article.

2. File in circuit court. After completing the appropriate motion form, make two or more copies and file the original in the circuit court in which the custody order was entered. A filing fee of $20 will apply.

3. Serve a copy on all interested parties. After filing the motion form with the court, you must notify all interested parties by serving a copy of the motion, usually by certified mail. Typically the only other interested party is the child's other parent, but there could be additional parties if a guardian has been appointed for the child or they are in the custody of someone other than their parent. Process can also be hand delivered by any adult not an interested party.

4. Attend hearing. Upon receiving your filed motion, the court will schedule the matter for a hearing. As the moving party, you will have the burden of convincing the court that the standing custody order should be changed. If the interested parties agree to the modification, and the court agrees its in the best interest of the child, the modification will typically be granted. The court may, however, refer the case to mediation if there is not agreement.

5. Prepare and serve a new order. If you prevail at the hearing, you may be asked by the court to prepare the new custody order as you argued before the court (FOC 89). You can contact the friend of the court office for help preparing the order. A fee of $80 will be charged by the court to process the order, which must then be served on all interested parties.

References

• Michigan Courts: Changing a Child Custody Order
• Michigan Courts: Custody Guidelines

Resources

• Michigan Courts: Self-Help on Custody
• Michigan Courts: Motion Regarding Custody
• Michigan Courts: Objection to Ex parte Order and Motion to Modify or Rescind