Educational Guide • Custody
What Forms Are Needed for Michigan Custody Motions
A self-help reference to the SCAO forms used to start, modify, or respond to a Michigan child custody motion in circuit court Family Division.
Important: Clear Path Document Services is a document preparation and filing-assistance service — not a law firm. We do not provide legal advice, attorney representation, or create attorney-client relationships. All documents are prepared based on information you provide for educational and administrative purposes.Read full disclaimer.
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Michigan custody motions use the MC and FOC form series filed in the existing circuit court family case. The core packet is a Motion Regarding Custody (or MC 04), a proposed Order, a Notice of Hearing, and an affidavit explaining the change. Friend of the Court reviews the request before the judge rules.
Key points
- Custody motions are filed in the same circuit court family case as the original order.
- Most motions use the MC and FOC form series.
- Standard packet: Motion (MC 04), Order (MC 05), Notice of Hearing, and supporting affidavit.
- Modifying custody requires showing 'proper cause' or a 'change of circumstances'.
- Friend of the Court usually reviews and may recommend an investigation.
The process, step by step
- 1
Locate your existing case
Custody motions are filed under the case number from your original divorce, paternity, or custody order.
- 2
Prepare the motion packet
Use Motion (MC 04), Notice of Hearing, proposed Order (MC 05), and a written affidavit explaining what changed.
- 3
File with the clerk
File in person or by MiFile. There is typically a $20 motion fee.
- 4
Serve the other parent
Mail or hand-deliver the motion at least 9 days before the hearing (14 if mailed).
- 5
Friend of the Court review
FOC will often interview both parents and may recommend an investigation or referee hearing.
- 6
Hearing & order
The judge or referee hears the motion, applies the best-interest factors (MCL 722.23), and signs an order.
| Form # | Name | Purpose |
|---|---|---|
| MC 04 | Motion / Response | Standard motion form used in family cases. |
| MC 05 | Order | Proposed order accompanying your motion. |
| FOC 87 | Motion Regarding Parenting Time | Used when adjusting parenting time only. |
| FOC 89 | Motion Regarding Custody | Used to change legal or physical custody. |
| MC 416 | UCCJEA Affidavit | Re-filed when jurisdiction or other state involvement changes. |
| MC 20 | Fee Waiver Request | Optional fee waiver. |
In-depth explanation
Proper cause vs. change of circumstances
Michigan courts will not modify custody unless the moving parent shows proper cause or a material change of circumstances since the last order. A judge then revisits the 12 best-interest factors in MCL 722.23.
Established custodial environment
If a child has an established custodial environment with one parent, a court can only change custody on clear and convincing evidence that the change is in the child's best interest. Otherwise the standard is a preponderance of the evidence.
Friend of the Court referral
Most counties refer custody motions to FOC for an investigation or referee hearing. The recommendation goes to the judge, who can adopt or modify it.
What trips people up
- Filing a new case instead of a motion in the existing case.
- Missing the 9/14-day notice deadline before the hearing.
- Failing to attach an affidavit explaining the change.
- Skipping the UCCJEA Affidavit when the child has lived in another state.
- Confusing parenting-time motions with full custody motions.
Direct answers to common questions
How do I start a Michigan custody motion?+
File Motion (MC 04 or FOC 89), a proposed Order (MC 05), Notice of Hearing, and a supporting affidavit in your existing family case in circuit court.
How much does it cost to file a custody motion?+
Most circuit courts charge a $20 motion fee. Fee waivers are available for low-income filers using MC 20.
How long does a custody motion take?+
Typical motions are heard within 6–10 weeks of filing. FOC investigations can extend the timeline by 60–120 days.
Do I have to go through Friend of the Court?+
Yes — in nearly every Michigan county, FOC reviews custody motions before they reach the judge.
Can I modify custody without going back to court?+
Only by written stipulation signed by both parents and approved by the judge. Verbal agreements are not enforceable.
What are Michigan's best-interest factors?+
MCL 722.23 lists 12 factors the judge weighs, including emotional ties, capacity to provide care, stability, mental and physical health, and the child's reasonable preference.
Does Clear Path handle hearings?+
No. Clear Path prepares the motion paperwork only. You appear in court yourself or work with a licensed Michigan attorney.
What if the other parent doesn't respond?+
If properly served, the court can hear the motion without them. FOC may still investigate before recommending an order.
Official Michigan resources
These links go directly to government and public-interest sources for self-represented litigants. Always verify form numbers and procedures with your local court.
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Important: Clear Path Document Services is a document preparation and filing-assistance service — not a law firm. We do not provide legal advice, attorney representation, or create attorney-client relationships. All documents are prepared based on information you provide for educational and administrative purposes.Read full disclaimer.