How to Get Full Custody From 50/50 Custody in Michigan

Getting full child custody in Michigan requires the agreement of the other parent or a victory in court.

Child custody in Michigan is established through divorce cases, family support cases or paternity cases, according to the Michigan courts website. Michigan custody orders determine where the child will live as well as visiting rights and times for the other parent. There are two types of custody in Michigan: joint and sole, which refer to how many parents are responsible for making decisions for the child.

Instructions

Pre-Hearing

1. Attempt to convince the other parent to give you full custody instead of 50/50 custody. If both parents agree, no hearing will be needed, and the court will simply make whatever agreement you make official.

2. File a motion with your jurisdiction's circuit court, which will cost $20, as of May 2010. If the original child custody order was settled without a hearing (officially known as "ex parte"), then you must file an Objection to Ex parte Order and a Motion to Modify or Rescind. If you're fighting for full custody after getting 50/50 in court, you just file a Motion Regarding Custody.

3. Serve the other parent with your motion to get full custody. Do this by sending the motion via first-class mail, according to the Michigan courts website.

The Hearing

1. Attend the court hearing scheduled to review your motion. The court may recommend mediation, but either side has the right to refuse that and demand a hearing.

2. Present evidence to the judge for why you believe you should have full custody as opposed to 50/50. According to the Michigan courts website, this may include witnesses or photographs to back up your arguments.

3. Prepare the changed order for child custody, if you are the victorious party. The judge will then sign it, and you must pay $80 to have it processed at the office of the clerk of the court.

Tips & Warnings

• You may want to consider consulting an attorney before filing a petition or attending a hearing in court.

• The order becomes backed by Michigan law as soon as it is signed by a judge and processed by the courts. Both sides must obey it, unless it is later modified again.

References

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