Motion to Modify Custody or Parenting Time
Michigan will not reopen a custody order just because things changed a little. Knowing the standard the judge applies is the difference between a hearing and a denial on the paperwork.
Important: Clear Path Document Services is a non-attorney document preparation service and cannot provide legal advice. No attorney-client relationship is created. Read full disclaimer
Quick Answer
To change an existing Michigan custody or parenting time order, you file a motion in the circuit court that entered the order. Before the judge looks at what is best for the child, Michigan requires a threshold showing of proper cause or a change of circumstances since the last order — and it has to be something meaningful that affects the child, not ordinary life changes or old complaints already covered by the existing order. If you clear that threshold, the court decides whether an established custodial environment exists with one or both parents. Where it does, the parent asking for a change must prove by clear and convincing evidence that the change serves the child's best interests under the twelve statutory best-interest factors. Where it does not, the standard is a preponderance of the evidence. Parenting time changes that do not alter the established custodial environment use the lower standard. Clear Path prepares the motion and supporting documents; we are not a law firm and do not give legal advice or appear in court.
Who qualifies for this service?
This document preparation service is a fit for Michigan residents who match the criteria below. If your situation is different, contact us and we'll tell you whether we can help or whether you should speak with an attorney.
- Parents whose work schedule, housing, or school district has genuinely changed
- A parent moving and needing the parenting time schedule reworked
- Parents facing a proposed move of more than 100 miles, which has its own Michigan rules
- A parent with documented safety concerns about the child's other home
- Parents who agree on a new schedule and want it entered as a court order
- A parent whose child's needs — school, medical, activities — have materially shifted
How the process works
Clear, predictable steps from intake to court-ready paperwork.
Send us the current order
Everything is measured against what the last order says and when it was entered.
We review your matter
We look at whether there is a documented change since that order. If the facts are thin or the case will be fought hard, we recommend an attorney.
Written quote
Flat preparation fee, quoted in writing after review. Nothing is purchased online.
Motion prepared
Motion to change custody or parenting time, supporting affidavit organized around the change and the best-interest factors, and a proposed order.
Filing, service, and FOC
County filing instructions, proof of service, and what to expect from the Friend of the Court referee or mediation step.
Hearing preparation
A plain-English walkthrough of the threshold question, the custodial environment finding, and how to present your documentation.
Paperwork we organize for you
Document preparation only. We do not represent you in court.
Documents and information you'll need
- The current custody and parenting time order
- The judgment of divorce or paternity order, if separate
- Dates and details of what has changed since that order
- School, medical, or work records supporting the change
- A proposed parenting time schedule
- Any written communication between the parents that documents the issue
Common mistakes to avoid
Small errors can cost you weeks. Here's what we see most often.
- Filing without a real change of circumstances. Judges deny these on the threshold without ever reaching best interests.
- Relitigating facts the court already heard before the last order.
- Treating the motion as a place to vent about the other parent instead of showing what changed for the child.
- Ignoring the established custodial environment, which sets the burden of proof and often decides the case.
- Withholding parenting time first and asking the court second — that damages your own position.
- Missing the Friend of the Court steps or the county's local motion practice rules.
Local Michigan considerations
Custody modification in Michigan runs under the Child Custody Act, MCL 722.21 and following. MCL 722.27(1)(c) bars the court from modifying a custody order unless there is proper cause shown or a change of circumstances. The twelve best-interest factors are listed in MCL 722.23, and the established custodial environment test in MCL 722.27(1)(c) determines whether the burden is clear and convincing evidence or a preponderance. A proposed move of more than 100 miles from the child's legal residence, or any move out of state, requires court approval under MCL 722.31 and its own set of factors. Most Michigan counties route custody motions through the Friend of the Court for a referee hearing or mediation before a judge hears it. Filing fees, motion fees, and local scheduling rules vary — confirm with your circuit court clerk.
Family Motion Packages
Personalized preparation and human review with transparent starting estimates. Packages list what is potentially included; your written quote confirms the final scope.
Routine Motion Package
Starting at $299
For a straightforward, client-selected custody or parenting-time motion involving one existing case, one underlying order, and a limited factual statement.
Potentially includes
- Administrative intake review
- Client-selected SCAO form
- Entry of client-provided facts and requested terms
- One concise factual attachment, if needed
- One reasonable revision round
- Filing and service checklist
- Secure electronic delivery
Show-Cause or Contempt Package
Starting at $349
For a client-selected or court-directed show-cause motion involving an alleged violation of an existing order.
Potentially includes
- Administrative review of the existing order
- Preparation of the client-selected or court-directed form
- Factual chronology based solely on information supplied by the client
- Organization and labeling of a reasonable number of client-supplied exhibits
- One reasonable revision round
- Filing, notarization, and service instructions
- Secure electronic delivery
Complex Family Motion
Custom quote starting at $495
For matters involving multiple orders, numerous alleged incidents, extensive exhibits, multiple requested documents, an unusually long chronology, or significant additional administrative work.
Potentially includes
- Scope reviewed individually before any quote
- Multiple documents or orders coordinated
- Extended chronology and exhibit organization
- Written quote before any invoice
Clear Path does not determine whether contempt is appropriate, select legal remedies, evaluate evidence, or provide legal strategy. Documents are prepared administratively using the information, selections, and exact terms you supply.
Prices shown are starting estimates and are subject to intake and scope review. Clear Path reviews every matter before accepting services or issuing an invoice. Court fees, government fees, service costs, postage, recording charges, notarization, attorney services, and other third-party expenses are separate unless expressly included in a written quote.
Clear Path is not a law firm and does not provide legal advice. Prices are starting estimates. Every matter is reviewed before services are accepted or invoiced.
Key Terms
- Proper cause or change of circumstances
- The threshold showing Michigan requires before a court will revisit custody.
- Established custodial environment
- The home where the child naturally looks for guidance, discipline, and the necessities of life; it sets the burden of proof.
- Best-interest factors
- The twelve factors in MCL 722.23 a Michigan court weighs in a custody decision.
- Friend of the Court
- The circuit court office that investigates and makes recommendations on custody, parenting time, and support.
- 100-mile rule
- MCL 722.31, requiring court approval to move a child's legal residence more than 100 miles or out of state.
People Also Ask
Reviewed and updated by the Clear Path document team. Informational only — not legal advice.
Ready to get your paperwork started?
Start the guided intake, or call or text us — we review every matter before quoting a price, and nothing is purchased online.