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
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
Intake & background
Tell us about the children, the existing court order (if any), and what you are asking the court to change.
- 2
Motion drafting
We prepare the Motion Regarding Custody (FOC 87) or Motion Regarding Parenting Time (FOC 65) plus supporting affidavit.
- 3
Order proposal
Each motion is paired with a proposed Order so the judge can sign without re-drafting.
- 4
Filing & FOC referral
We give you instructions for filing and what to expect from the Friend of the Court referee.
- 5
Hearing preparation
We provide a structured exhibit checklist so you walk into the hearing organized.
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 # | Name | Purpose |
|---|---|---|
| FOC 87 | Motion Regarding Custody | Initial or modification motion for legal/physical custody. |
| FOC 65 | Motion Regarding Parenting Time | Establish or change parenting time schedule. |
| FOC 89 | Response to Motion Regarding Custody/Parenting Time | Used to respond when you've been served with a motion. |
| FOC 39 | Uniform Child Support Order | Often updated when custody changes. |
| MC 20 | Fee Waiver Request | Asks 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.
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.
What to expect, week by week
- Week 1
Intake & drafting
Documents prepared in 2–5 business days.
- Week 2
File & serve
File the motion; serve the other parent within required deadlines.
- Weeks 4–8
FOC referee or hearing
Many counties refer custody motions to a referee before reaching a judge.
- Weeks 8–16
Final order
Judge enters the new order; FOC updates support if affected.
How Michigan Custody Document Preparation Works in Michigan
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)
- • 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.
- • 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.
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
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.
Related services
Michigan service areas
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.
Related Services
Family Law Documents
Divorce, custody, child support, and name change paperwork.
Civil & Small Claims
Small claims, motions, response packets, and exhibit organization.
Business Formation
Michigan LLC, corporation, DBA, and operating agreement documents.
Estate Planning
Wills, trusts, powers of attorney, and probate avoidance documents.