Family Law • Document Preparation

    Michigan Custody & Parenting Time Filing Help

    Filing support for Michigan parents preparing custody petitions, parenting time motions, or modifications — organized, court-ready, and county-specific.

    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.

    • Transparent flat-rate pricing
    • Most motions prepared in 3–5 business days
    • Michigan court-ready formatting
    • Step-by-step filing instructions
    The Process in Plain English

    How Michigan Custody Filings works in Michigan

    Custody filings can be initial petitions (when parents were never married) or post-judgment motions (after a divorce). Both go through the Circuit Court Family Division and involve the Friend of the Court.

    1. 1

      Intake & background

      Tell us about the children, the existing court order (if any), and what you are asking the court to change.

    2. 2

      Motion drafting

      We prepare the Motion Regarding Custody (FOC 87) or Motion Regarding Parenting Time (FOC 65) plus supporting affidavit.

    3. 3

      Order proposal

      Each motion is paired with a proposed Order so the judge can sign without re-drafting.

    4. 4

      Filing & FOC referral

      We give you instructions for filing and what to expect from the Friend of the Court referee.

    5. 5

      Hearing preparation

      We provide a structured exhibit checklist so you walk into the hearing organized.

    Required Michigan Forms

    Common forms used for michigan custody filings

    These SCAO-approved Friend of the Court (FOC) forms are used for most custody and parenting time matters in Michigan.

    Form #NamePurpose
    FOC 87Motion Regarding CustodyInitial or modification motion for legal/physical custody.
    FOC 65Motion Regarding Parenting TimeEstablish or change parenting time schedule.
    FOC 89Response to Motion Regarding Custody/Parenting TimeUsed to respond when you've been served with a motion.
    FOC 39Uniform Child Support OrderOften updated when custody changes.
    MC 20Fee Waiver RequestAsks the court to waive motion fees.

    Form numbers and revisions change. Always confirm with your local court before filing. We help organize and complete the right packet based on the information you provide.

    Where to file

    File in the Circuit Court Family Division of the county where the existing order was entered, or where the children have lived for at least the past six months.

    Typical filing fee

    Motion filing fees are typically $20 in family court. There is no filing fee for some FOC forms.

    Service of process basics

    Motions must be served on the other parent at least 9 days before the hearing (14 days if served by mail). Proof of Service is filed with the court.

    Common Mistakes to Avoid

    What trips people up

    • Filing in a county that no longer has jurisdiction over the children.
    • Trying to change custody without showing 'proper cause' or 'change in circumstances'.
    • Submitting motions without a proposed order attached.
    • Skipping the Friend of the Court mediation step that some counties require.
    • Failing to serve the motion in time before the hearing date.
    Process Timeline

    What to expect, week by week

    1. Week 1

      Intake & drafting

      Documents prepared in 2–5 business days.

    2. Week 2

      File & serve

      File the motion; serve the other parent within required deadlines.

    3. Weeks 4–8

      FOC referee or hearing

      Many counties refer custody motions to a referee before reaching a judge.

    4. Weeks 8–16

      Final order

      Judge enters the new order; FOC updates support if affected.

    Michigan-Specific Information

    How Michigan Custody Document Preparation Works in Michigan

    Circuit Court Family Division & Friend of the Court

    Custody and parenting time are handled by the Family Division of the Circuit Court, with the Friend of the Court (FOC) office providing investigations, referee hearings, and enforcement.

    Typical filing fees: Motion fee ~$20 (set by the court, not by us)

    Michigan Procedure Notes
    • • MCL 722.27(1)(c) requires 'proper cause' or 'change in circumstances' before custody can be modified.
    • • The 'best interests of the child' factors are listed in MCL 722.23.
    • • Joint legal custody is the default presumption in Michigan.
    County-Level Notes (Southeast Michigan)
    • • St. Clair County: file at the courthouse in Port Huron; small clerk staff means going early in the day usually means shorter waits.
    • • Macomb County: filings are processed at the county complex in Mount Clemens; many local district courts also accept walk-ins.
    • • Oakland County: the 6th Circuit Court in Pontiac handles most civil and family matters; e-filing through MiFILE is required for many filings.
    • • Wayne County: the 3rd Circuit Court in Detroit and the 36th District Court each have separate filing windows and rules — confirm before you go.

    Procedures and fees vary by county and may change. We prepare documents based on the information you provide; final filing acceptance is determined by the court.

    Educational Background

    Understanding michigan custody filings in Michigan

    Michigan distinguishes between legal custody (decision-making) and physical custody (where the child lives). Most orders include both, plus a parenting time schedule.

    Established custodial environment

    Before a court will modify custody, it usually has to determine whether an 'established custodial environment' exists. That determination changes the burden of proof at the hearing.

    Best-interest factors

    Twelve factors in MCL 722.23 guide every custody decision. Your motion and supporting affidavit should reference relevant factors with specific examples.

    Parenting time guidelines

    Most counties use the Michigan Parenting Time Guideline as a starting point. Deviations should be specifically requested in the motion.

    This information is provided for educational purposes only. Statutes, procedures, and court rules change. Clear Path Document Services prepares documents based on the information you provide and is not a law firm.

    What's included in your document preparation package

    Turnaround: Most motions prepared in 3–5 business days • Pricing: $299–$495+ (court filing fees not included)

    • Motion Regarding Custody or Parenting Time
    • Supporting affidavit
    • Proposed Order for the judge to sign
    • Notice of Hearing
    • Proof of Service form
    • Filing & service instructions
    • Hearing exhibit checklist
    Please note: Clear Path Document Services Inc. is not a law firm and cannot provide legal advice. By submitting this form, you understand that we provide document preparation and filing assistance only — not legal representation or advice. Read full disclaimer.

    Frequently Asked Questions

    Can I change custody without a lawyer?+

    Yes. Michigan family courts handle many self-represented custody filings. We help organize the paperwork.

    What is 'proper cause'?+

    It is a meaningful change since the last order that affects the child's well-being. We cannot tell you whether your facts qualify — that's a legal opinion.

    Do I have to go through the Friend of the Court?+

    Yes. The FOC is involved in nearly every custody and support matter in Michigan.

    How long until my hearing?+

    Typically 4–8 weeks depending on the county and whether a referee hearing is required first.

    What if the other parent moves?+

    Michigan has a 100-mile rule (MCL 722.31) that may require court permission before relocation.

    Can I represent my child?+

    No. The court appoints a Lawyer-Guardian Ad Litem (LGAL) when one is needed.

    What if the other parent doesn't show up?+

    The court can enter an order by default, but you still need to prove your case.

    How much does filing cost?+

    Most family motion fees are around $20. Some FOC forms have no fee.

    Can I bring witnesses?+

    Yes — but check the court's procedures and whether the referee hearing allows live testimony.

    Will my child have to testify?+

    Children rarely testify in open court. Judges may interview older children privately.

    Authority Hub

    Get help with your michigan custody filings

    Document preparation assistance, plain-English filing support, and Michigan-specific guidance — without the cost of a full legal representation engagement.

    Michigan-focused document preparation
    Clear flat-fee pricing and filing guidance
    Documents prepared at your direction
    Optional attorney review available when needed

    ClearPath Assistant

    Online • Available 24/7

    Hi there! 👋 I'm the Clear Path assistant. Ask me anything about Michigan court forms, our document preparation services, pricing, or what paperwork you need — I'll point you to the right place. Not sure where you fit? Tell me what's going on in your own words, or call or text us at (833) 777-FILE and we'll find a path that works for you.

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