DEMYSTIFYING CHILD CUSTODY, PARENTING TIME AND SUPPORT IN MICHIGAN
Are you facing a child custody dispute in Michigan? Do you have questions about parenting time or child support? Our comprehensive guide provides clear and up-to-date information on all aspects of child custody, parenting time, and support in Michigan. We’ll help you understand your rights and options, and we’ll provide you with the resources you need to make informed decisions about your child’s future.
This page is designed to help you navigate the complex legal landscape of child custody, parenting time, and support in Michigan. We’ve compiled essential information on a wide range of topics, including:
Establishing child custody
Determining parenting time
Calculating child support
Modifying court orders
Enforcing court orders
We also provide links to helpful resources, including the Michigan Child Support website and the State Court Administrative Office, Friend of the Court Bureau.
Whether you’re just starting the process of establishing child custody or you’re facing a change in circumstances, our guide can help you understand your rights and options. We’re committed to providing you with the information you need to make the best decisions for your child.
Michigan Custody Information
There are many different ways to arrange custody for a child. The court must decide who will make important decisions about the child and how the child will spend time with each parent. Parents are encouraged to agree on custody arrangements themselves. If parents cannot agree, the court will consider factors listed in the Michigan Child Custody Act. These factors will be considered at a hearing where parents can present evidence and arguments. The court must consider ordering joint custody if either parent requests it. If parents agree on joint custody, the court must order it unless it determines that joint custody is not in the child's best interests. The court must explain its reasons for granting or denying joint custody. The court may consider joint custody even if neither parent requests it. In addition to the factors considered when deciding custody, the court must also consider whether parents can cooperate and agree on important decisions affecting the child's well-being when deciding on joint custody.
FREQUENTLY ASKED QUESTIONS ABOUT CUSTODY IN MICHIGAN
How do I change a custody order?
You must file a motion to change a custody order. If both parents agree, they can sign an agreement and obtain the judge's approval to make the change.
Can I file my own motion to change custody?
Yes, you can file your own motion. However, it is important to remember that the court will still hold you to the same rules as an attorney. You may wish to have an attorney represent you. The Friend of the Court office cannot file a motion for you or tell you what to say in a motion.
Is there any way the Friend of the Court can assist parties in reaching an agreement regarding custody?
The Friend of the Court will provide mediation services to parents who agree to participate.
After a motion for custody has been filed, and we cannot reach our own agreement, what does the Friend of the Court do?
The Friend of the Court will offer mediation services to the parties. If mediation is unsuccessful, the Friend of the Court may conduct an investigation and file a written report and recommendation to the judge.
Do I have the right to receive a copy of the Friend of the Court report and recommendation on custody?
Yes, you have the right to receive a copy of the report and recommendation.
Is there a cost for the custody investigation?
The Friend of the Court office may charge parties in a dispute an amount for the expense of conducting an investigation and making a report if the party requests the investigation.
What happens if I have an order for custody and the other parent does not return the child to me as stated in the court order?
You may contact the Friend of the Court and request enforcement. You may also file a motion with the court to enforce the order.
How do I enforce my custody order if the other parent has taken the child to another country?
You can contact the Office of Children's Issues at the State Department for assistance.
Does the Friend of the Court investigate abuse or neglect?
The Friend of the Court does not have the authority to investigate abuse or neglect. However, FOC employees are required to report suspected child abuse and neglect.
Can my child enroll in the school district I live in, even though the child lives with the other parent most of the time?
Yes, your child may enroll in a school district where either parent resides, regardless of which parent has custody.
Michigan Parenting Time Information
A parenting-time order establishes when a child will spend time with each parent. Michigan law states that parenting time should be granted in the best interests of the child. This means that the child should have a strong relationship with both parents, unless there is clear evidence that it would endanger the child's physical, mental, or emotional health. During a person's parenting-time, that parent is responsible for all routine decisions affecting the child. The frequency, duration, and type of parenting-time will be determined by the judge, considering factors such as the child's age, the parents' living arrangements, and the child's relationship with each parent. For more information, contact the Friend of the Court Bureau.
Parenting Time Enforcement
The Friend of the Court is responsible for enforcing parenting-time orders. The Friend of the Court office will investigate a complaint if it is received within 56 days of the alleged violation and if the complaining party has not made two or more similar complaints found to be unwarranted. If the Friend of the Court finds that the court's order has been violated, the Friend of the Court has several options, including applying "makeup" parenting-time or initiating proceedings to hold the party in contempt of court.
Parenting Time Modification
A party may file a motion to modify the parenting-time order if there is a change in circumstances or if the party can show proper cause. The Friend of the Court office will provide forms and instructions to parties who wish to file this type of motion. If both parents agree to a change in parenting-time, they may sign an agreement. This agreement must be put in the form of an order, signed by the judge, and filed with the county clerk before it becomes an order of the court.
FREQUENTLY ASKED QUESTIONS ABOUT PARENTING TIME IN MICHIGAN
My order for parenting-time states I have ‘reasonable’ parenting-time. What does this mean?
If your court order states you have "reasonable" parenting time, this means that you and the other parent are expected to agree on a parenting time schedule yourselves. If you cannot come to an agreement, you can ask the other parent to attend ADR (alternative dispute resolution) with the Friend of the Court. You can also check with the Friend of the Court to see if your order is specific enough for them to help. Finally, you can file a motion with the court yourself, or you can contact an attorney to help you do so.
I would like to change my parenting-time schedule. What can I do?
If you would like to change your parenting-time schedule, the first step is to ask the other parent to agree to the change. Keep in mind that this agreement alone is not legally binding; it must be converted into a new court order. If you and the other parent cannot reach an agreement, you can file a motion with the court requesting a new parenting-time schedule. You can file the motion yourself or have an attorney file it on your behalf.
Child support payments are not being made. Do I have to allow parenting-time?
Yes. Parenting time and support are separate parts of a court order. Each has enforcement procedures to be used when that part of the order is disobeyed. Ask the Friend of the Court to enforce child support.
The other parent is not sending or returning clothes or other items our child uses during parenting-time. Is there anything the Friend of the Court can do? The Friend of the Court can only enforce the written order of the court. If your court order does not mention transferring clothing or other items, try to work it out with the other parent. If that is unsuccessful, you may file a motion with the court requesting a new order to require the other parent to transfer clothes or other items along with the child.
The other parent is not following the parenting-time order. What can I do? File a written complaint with the Friend of the Court. Your complaint should state facts explaining how the other parent is not following the order. Some FOCs have a form to file a parenting-time complaint. Contact your local FOC to find out how to proceed. It appears the other parent has been drinking or using drugs.
Do I have to let the child(ren) go with that parent for parenting-time? If you do not follow the court order, you may have to explain, at a ‘show cause’ hearing, why you should not be held in contempt of court for your decision. This will include explaining why your decision was in the best interests of the child(ren).
The other parent will not let me call, email or text my child(ren). What can the Friend of the Court do? The Friend of the Court can only enforce the written order of the court. If your court order does not provide for telephone calls, emails or texting, try to work it out with the other parent or contact the Friend of the Court for more information. You may also file a motion asking the court to modify the order allowing you to be allowed to call, email or text your child(ren).
I think my child is being abused during parenting-time. What should I do? Report your concerns to the MDHHS Children’s Protective Services (CPS) at (855) 444-3911. In Wayne County, call (800) 716-2234. The FOC cannot investigate abuse or neglect allegations, nor can it remove child(ren) from a person; only CPS can do that.
My child doesn’t want to spend time with the other parent. What can I do? Parents must obey court orders, regardless of the child’s age and preferences. It is the parent’s responsibility to promote a positive relationship with the child and the other parent. You may want to try the following options:
• Work out a different arrangement with the other parent.
• Seek counseling for your child, yourself, or the other parent.
• Contact the Friend of the Court and request ADR.
• File a motion with the court asking for a change in your parenting-time order.
The other parent refuses to see our child(ren). What can the Friend of the Court do? The FOC cannot force a parent to see his or her child(ren). To promote a positive relationship with the child(ren) and the other parent, you may wish to consider counseling, ADR, or filing a motion for change in the parenting-time order.
Michigan Child Support Information
Several offices work together to create and enforce child support orders. These offices include the Office of Child Support, the Prosecuting Attorney's office, and the Friend of the Court offices. A support order is a court order that requires a parent to pay child support, spousal support, medical expenses, confinement/birthing expenses, child care expenses, and educational expenses. The amount of support due is stated in the order and is typically due on the first day of each month. If the order starts on a different day, the support amount will be prorated for that month. Child support ends on the last day of the month specified in the order. If support is not paid by the last day of the month, it is considered past due.
Changing a Child Support Order
The Friend of the Court (FOC) must review child support orders automatically once every 36 months if the child or the parent receives public assistance. In other cases, the Friend of the Court conducts a review on a party's written request, but not more often than once every 36 months, unless the party proves a substantial change in circumstances. The court can also order the Friend of the Court to review support. After reviewing the support, the Friend of the Court will ask the court to change the order if a change is warranted. As part of its review, the Friend of the Court may request information such as a parent's earnings, details of any health care coverage, tax refunds, and job or education history. The Friend of the Court will ask the court to change the support payment if the difference between the current support and the amount determined by the child support formula (using the party's most recent income data) is at least 10 percent or $50.00 per month, whichever is greater. If the difference is less than the minimum threshold, the Friend of the Court is not required to request a change. Merely notifying the Friend of the Court that one parent's financial situation has changed cannot automatically change the ordered support amount. A party who needs an immediate change in the support amount should file a court motion requesting the change. The Friend of the Court provides forms and instructions for this type of motion without the assistance of an attorney, but the Friend of the Court cannot complete the forms or motion for the party. A party may also hire an attorney to file a modification motion.
Child Support Formula
Child Support Formula Federal and Michigan law requires that the child support formula be used to determine child support amounts. A different amount may be used if the Friend of the Court or the judge state the amount required by the formula and a clear reason in writing or on the record why using the formula is ‘unjust or inappropriate.’ For more information about the child support formula, see Facts about the Michigan Child Support Formula (PSA 24) on the Michigan Courts website, courts.mi.gov.
Support Payments and Procedures Unless otherwise ordered, support is paid through the Michigan State Disbursement Unit (MiSDU). When support is received by MiSDU, it must be forwarded to the payee within two business days of receipt. In most cases, the FOC automatically withholds support from a payer’s wages or other income. A payer who pays the MiSDU directly should clearly identify the case number with the payment. Once a year, parties may request the FOC to give them a free support account statement. Account information is always available through the MiSDU, online through MiChildSupport, or by calling the FOC office that has the support order. You can reach the MiSDU at 1-877-543-2660.
The Friend of the Court takes action to collect past-due child support when it is more than one month late. This action is taken even if no one has filed a complaint or requested enforcement. Some methods of enforcement, such as income withholding and health insurance coverage, begin immediately.
The Friend of the Court has several tools to collect child support, including:
Income withholding
Contempt of court
Income tax intercept
Passport suspension or denial
Suspension of driver's, professional, and recreational licenses
Liens on real estate and personal property
Credit reporting
FREQUENTLY ASKED CHILD SUPPORT IN MICHIGAN
How do I get an order for child support?
You must file a request with the court clerk to establish a child support order. If both parents agree on the amount of support, they can sign an agreement. This agreement will then become a court order.
Do I need an attorney to get an order for support?
No, you are not required to have an attorney, but you will need to understand court rules and state laws if you represent yourself. An attorney can help you with the paperwork and procedures.
Can I receive child support after my child reaches age 18?
Support may continue up to age 19 1/2 if the child is still in high school.
What if I have been paying my child support and the other parent is not allowing me parenting time?
You still have to keep paying support. Parenting time and support are separate parts of the court order.
What can I do if the other parent is not paying support?
Contact the Friend of the Court if the other parent is more than one month behind on payments.
Can I pay the other parent directly instead of through the Michigan State Disbursement Unit?
No, you will not get credit for payments made directly to the other parent.
Is the Friend of the Court responsible for making sure that child support money is being spent on the child(ren)?
No, the Friend of the Court cannot investigate how child support payments are being spent.
What if the person paying support is in jail or prison?
The Friend of the Court will review the support order and recommend any necessary changes.
How can I get my driver's license reinstated if it was suspended for non-payment of child support?
You must get a Compliance Certificate for License Reinstatement from the Friend of the Court and pay a fee to the Clerk of the Court.
Who do I contact for more information?
For general child support information, visit the Michigan Child Support website. For paternity questions, contact your local prosecuting attorney's office. For questions about your case, contact your local Friend of the Court office. For judicial process questions, contact the State Court Administrative Office, Friend of the Court Bureau.
Michigan Child Support Forms and Custody Forms
Uniform Child Support Order Form - State of Michigan
Uniform Child Support Order, No Friend of the Court Services
Notice of Contempt Hearing for Failure to Pay Support
Uniform Spousal Support Order, No Friend of the Court Services
Uniform Child Support Order, Deviation Addendum
Motion Regarding Support
Response to Motion Regarding Support
Motion Regarding Parenting Time
Motion Regarding Custody
Response to Motion Regarding Custody
Order Regarding Custody and Parenting Time
Domestic Relations Judgment Information
Advice of Rights Regarding Use of Friend of the Court Services
Order Exempting Case from Friend of the Court Services
Request to Reopen Friend of the Court Case
Notice of Redirection or Abatement of Child Support
Notice Following Review of Redirection or Abatement of Child Support
Alternative Dispute Resolution Summary Report
Can these forms be e-filed?
Learn more about e-filing child support, custody forms, and others in the state of Michigan here: Learn more about the Michigan e-filing system, MiFILE.
Do-It-Yourself Answer and Counterclaim for Custody ONLINE FORM
Use this tool to draft forms to respond when your child's other parent has filed a Complaint for Custody. Do not use this form if your spouse has filed for divorce.
Do-It-Yourself Custody Case (Unmarried Parents) ONLINE FORM
Use this tool to draft forms to start a custody case if you are not married to the other parent of your child or children and paternity was established by Affidavit of Parentage.
Do-It-Yourself Motion to Change or Get Child Support ONLINE FORM
Use this tool to prepare forms to ask the court to change a Child Support Order or to get a Child Support Order if you need one in a divorce, custody, separate maintenance, or paternity case.
Do-It-Yourself Motion to Change Parenting Time ONLINE FORM
Use this tool to prepare forms to ask a judge to change your current parenting time order.
Do-It-Yourself Motion to Manage Child Support Debt ONLINE FORM
Use this tool to draft forms to ask the court for a payment plan for the back child support that you owe. You can also use these forms to ask the court to discharge or forgive any remaining child support you owe after you complete the payment plan.
Do-It-Yourself Response to Motion Regarding Parenting Time ONLINE FORM
Use this tool to prepare forms to answer or respond to a motion your child’s other parent filed asking the court for a change to your current parenting time order.
Do-It-Yourself Response to Motion to Change Child Support ONLINE FORM
Use this tool to draft forms to answer or respond to a motion regarding support filed by your child’s other parent.
Do-It-Yourself Response to Motion to Change Domicile/Residence ONLINE FORM
Use this tool to draft forms to answer or respond to a motion your child’s other parent filed asking the court for permission to move with the children.