How Do I File a Complaint for Paternity, Custody and Support in Michigan?

Children need to be cared for, regardless of who has custody over them.

Filing complaints concerning child paternity, custody, and support is a lengthy process in Michigan, but Michigan legislature is written to move the process along smoothly and fairly quickly, in comparison to other cases filed in court. Michigan even has a program, known as their "Friend of the Court" program, which provides assistance to individuals who are filing for paternity, custody and child support lawsuits without a lawyer. If you have any questions concerning the filing of these lawsuits, you can contact the "Friend of the Court" program branch located in your county of residence.

Things You'll Need

• Paternity complaint
• Appointment with Prosecutor's Office
• Child's birth certificate
• Government identification
• Divorce judgment (if applicable)
• Questionnaire
• Fees
• Evidence
• Paternity complaint court hearing
• __________________________
• Motion to change custody order
• Ex Parte Order and Motion to Modify or Rescind Custody
• or
• Motion regarding custody
• Certified or First Class Mail receipt
• Custody hearing
• Motion for child support
• Certified Mail receipt
• Financial evidence proving need for support
• Court hearing

Instructions

Filing a Complaint for Paternity in Michigan

1. 

   Child support specialists are here to provide legal assistance to parents.

   Contact the Michigan Department of Human Services and request assistance with your paternity case. Ask the Child Support Specialist to whom you are speaking to assist you with completing a paternity request. Request assistance in locating the other parent, if that parent is absent or lives in another state. After consultation, request an appointment be scheduled with the Prosecutor's Office concerning the paternity case. Wait for your appointment date to be mailed to you.

2. 

   The Assistant Prosecutor is here to help you exercise your legal rights.

   Attend the scheduled appointment at the Prosecutor's Office and discuss your paternity case with the Assistant Prosecutor or the legal assistant assigned to your interview. Bring all relevant documentation to the case, including the child's birth certificate, any prior acknowledgment of paternity (signed at birth or sometime afterward), a personal government issued identification, prior judgment of divorce (only if applicable) and the questionnaire you should have received when you were mailed your appointment notice. Once the interview is completed, read and sign the prepared paternity complaint.

3. 

   The clerk of court cannot provide legal assistance to you.

   File the paternity complaint with the county courthouse, if the Prosecutor's Office does not file it for you. Pay the processing fees required to process the complaint in court. Request that the court issue a copy of the complaint and a summons to the defendant regarding the paternity case. Wait for the defendant to respond to the complaint. Wait for the court to send you a notice of your appointed court hearing concerning your paternity case.

4. 

   Paternity can still be decided with proper evidence.

   Attend the court hearing on the specified date, and submit to blood testing, if it is ordered by the court. Answer all questions truthfully and submit any evidence you may have proving paternity of the defendant. Request that the judge rule in favor of the plaintiff, if the blood tests of the plaintiff and defendant match the child's, or if the defendant does not contest the complaint and does not appear in court.

Filing a Complaint for Custody in Michigan

1. 

   You must attend the original court where the custody case occurred.

   File a motion to change the custody order with the circuit court where your custody case was originally handled. File an Ex Parte Order and a Motion to Modify or Rescind Custody if your current custody order is an "ex parte order." File a Motion Regarding Custody, if you wish to change custody after a custody hearing has occurred. Pay the filing fee as well as any other fees necessary to file the motions.

2. 

   Keep a copy of the delivery receipt for your records as well.

   Notify the other parent, known as the respondent, that you have filed a motion to change custody. Serve the respondent a copy of the motion in person or mail a copy of the motion. Use Certified or First Class Mail to mail the copy of the order, and keep the delivery receipt as your proof of delivery for the court. After delivering the motion, wait for the court to issue you your scheduled hearing date in the mail.

3. 

   The judge will rule, based on the evidence presented in court.

   Attend the custody hearing on the appointed day and time, otherwise your case may be dismissed and you may incur extra court fees. Bring all evidence necessary for the custody hearing and wait for the respondent to appear in court. Submit your evidence and ask your witnesses to testify when your case is called in court. Answer all questions the judge may have for you concerning the custody of the child. Request that the judge approve the custody change, even if the respondent does not appear for the court hearing.

Filing a Complaint for Child Support in Michigan

1. 

   All paperwork must be properly completed and submitted when filing with the court.

   File a motion for child support at the courthouse where you originally filed the paternity and custody cases. Pay the fees necessary for processing the child support paperwork and request a court date for the child support hearing. Request that a summons be sent to the person from whom you are requesting support, henceforth known as the defendant, after you file your motion for child support. Wait for your court hearing notification to be sent to you in the mail.

2. 

   Information about your financial situation will be very helpful in the final decision.

   Send or deliver a copy of the motion for child support to the defendant. Pay for the copy of the motion to be sent via Certified Mail, so you can keep the delivery receipt as proof. Collect evidence necessary to support your side of the claim, including any documents previously ordered by the court. Include information concerning your personal financial information to prove your need for the child support.

3. 

   The defendant must pay support, especially if the child support is court ordered.

   Attend the assigned court hearing on the designated date and time. Submit your evidence and witness testimony to the court and respond to any questions or concerns brought forth by the defendant concerning the child support complaint. Request that the judge issue a judgment in favor of your complaint, if the evidence supports that you need financial assistance from the defendant.

Tips & Warnings

• Always make copies of all documents for your own personal file.

• In some cases, establishing paternity is enough evidence for a judge to also demand child support from the defendant.

• Evidence that will be helpful to you for all three of these cases can include photographs, verbal and signed agreements, court orders, and witnesses willing to testify on your behalf.

• You must submit the proper amount of forms when filing in the state of Michigan. Each form will tell you in the upper-right hand corner how many copies you need. Failure to provide the correct amount of copies could delay your paperwork in court or the court could reject your form for nonconformance to Michigan law.

References

• Michigan Courts; Paternity; 2011
• Michigan Courts; Changing a Child Custody Order - Self Help; 2011
• Michigan Courts; Child Custody; 2011
• Michigan.gov; Child Support Complaint Filing Information; 2011
• Washtenaw County, Michigan; Child Support Services; 2011
• Michigan Courts; Family Support; 2011

Resources

• Michigan Legislature; Michigan's Friend of the Court; 2011