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Checklist – How to Request a Custody Order - No Required Friend of the Court Process
These are step-by-step instructions to help you with your custody case when your county has no required Friend of the Court process. Before using these instructions, ask the court clerk if there is a required Friend of the Court process for custody cases (for example, mediation). If so, use the Checklist – How to Request a Custody Order - Required Friend of the Court Process. You can print either set of instructions to use as a checklist.
Step 1: Prepare your forms
Use the Do-It-Yourself Custody Case (Unmarried Parents) tool to prepare the forms you need. You will not file all these forms at the start of your case. You will file some later. You may need to make copies of some of the forms. The instructions below explain which forms you need for each step and how many copies to make.
Some of the steps later in this checklist may have slightly different information for you depending on how you will file with the court. Each court decides how it will accept documents for filing. Contact your court to find out which methods are available. Depending on your court, you may be able to file by:
- In-person filing
- E-filing using MiFILE
- Mailing or dropping off documents
You can find contact information for your court on the Courts & Agencies page of Michigan Legal Help.
MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-filing. To learn more, read What Is E-Filing?.
Step 2: Get your court fees waived (if you qualify)
It will cost at least $175 to file a complaint for custody. There is also an $80 judgment fee which may be paid near the end of the case. There may be more costs such as charges for having papers served on the other parent, motion filing fees, and costs for alternative dispute resolution services (mediation).
If you are unable to pay the filing fee, you can file a Fee Waiver Request. Your case will not start until you pay the filing fee or your Fee Waiver Request is approved.
The clerk of the court must automatically approve your fee waiver if any of these are true:
- You receive public assistance based on having low income (examples: FAP, SNAP, Healthy Michigan, CHIP, ESO, FIP, TANF, WIC, SSI);
- You are represented by a legal services program that receives funding from the Legal Services Corporation or the Michigan State Bar Foundation; or
- You are represented by a law school clinic based on having low income.
If you do not fit into one of these three categories, a judge will review your Fee Waiver Request. The judge must waive your fees if you show that your gross household income is under 125% of the federal poverty level. If your gross household income is over 125% of the federal poverty level, but you show that paying fees would be a financial hardship for you, the judge must also waive your fees.
If you receive public assistance based on having low income, a completed Fee Waiver Request will print out with your other documents from the Do-It-Yourself Custody Case (Unmarried Parents) tool. Otherwise, you can use the Do-It-Yourself Fee Waiver to prepare a Fee Waiver Request.
To learn more, read Fee Waivers in Court Cases.
Step 3: Sign your forms
You must sign and date each form you complete that has a signature line for the Plaintiff. If you chose to sign electronically, this is already done. The electronic signature will look like this: /s/ Your Name.
You must get the Uniform Child Custody Jurisdiction Enforcement Act Affidavit notarized. Wait to sign it until you are in front of a notary. There may be a fee for notarization. You may be able to get your document notarized at a bank or at the court clerk's office. Some copy and print shops also offer notary services for a fee. Contact the bank or other location to make sure that a notary will be available at the time you plan on going.
Step 4: Make copies
After you sign your documents, make copies as follows (In some counties the court clerk’s office will make the copies for you. You can call the clerk’s office to ask if you need to make your own copies):
- Fee Waiver Request (if needed) – 3 copies
- Summons – 3 copies
- Complaint for Custody, Parenting Time, and Child Support – 3 copies
- Uniform Child Custody Jurisdiction Enforcement Act Affidavit – 3 copies
- Verified Statement – 3 copies
- Application for IV-D Child Support Services (form DHS-1201D) – 3 copies
For each of the forms, one copy is for the Friend of the Court, one copy is for the other party, and the remaining copy is for your own records. The original is for the clerk's office.
If you are filing either by e-mail or MiFILE, you will not need to make a copy for the Friend of the Court.
Step 5: File your forms with filing fee
Please note that completing the documents on Michigan Legal Help or LawHelp Interactive does not file anything with the court. Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically. To learn more about filing methods that may be available, read Step 1. If you are e-filing using MiFILE, you will need to know the case-type code. The case type code for a custody case is DC.
If you are filing in person or need contact information for the court, click on Courts & Agencies for the address and phone number of the court.
Pay the filing fee or file a Fee Waiver Request along with:
- Summons
- Complaint for Custody, Parenting Time, and Child Support
- Confidential Case Inventory (if needed)
- Uniform Child Custody Jurisdiction Enforcement Act Affidavit
- Verified Statement
- Application for IV-D Child Support Services (form DHS-1201D)
If you are filing in person, give the clerk all of the copies. The clerk will assign a case number and a judge to your case and will stamp and sign the Summons. The clerk will return copies of all the custody papers the court doesn’t need.
Step 6: Have the Defendant served with the custody papers
You must have the Defendant served with (notified of) the custody action. There are several different ways you can have papers served on the Defendant. To learn more, read How to Serve Custody Papers.
The defendant must be served one copy of each of the following:
- Fee Waiver Request and the decision on your request (if you filed a Fee Waiver Request)
- Summons
- Complaint for Custody, Parenting Time, and Child Support
- Uniform Child Custody Jurisdiction Enforcement Act Affidavit
- Verified Statement
- Application for IV-D Child Support Services (form DHS-1201D)
- Friend of the Court Handbook. Print a copy of this Handbook from the Supreme Court's One Court of Justice website
- Scheduling Order or information about Friend of the Court process (if any)
You have 91 days from the issue date on the Summons to have the Defendant served with the custody papers or your case will be dismissed. If you are having trouble getting the defendant served within this time, you can use the Motion for Second Summons from the Michigan One Court of Justice website.
Step 7: File your Proof of Service
After the Defendant has been served with the custody papers, the person who served the papers must complete the Proof of Service form. The Proof of Service form is the second page of the Summons.
The server normally files the Proof of Service and returns a copy to you. But the server can also return the signed Proof of Service to you, and you can file it. Talk to the server about who will file the Proof of Service ahead of time.
File the Proof of Service the same way you filed the initial papers in your case. If you are going to file in person at the courthouse, make two copies. File the original and one copy for the Friend of the Court. Keep the other copy for your records. If you file through MiFILE or e-mail, you will not need to make copies.
Step 8: If needed, enter a default and send a copy to the Defendant
The Defendant has 21 days after receiving your Summons and Complaint to file an Answer with the court and send you a copy, or 28 days if they were served with the Summons and Complaint by mail or outside of Michigan. The Answer is a document where the Defendant explains which parts of your Complaint for Custody they agree with and which parts they disagree with. The Defendant can prepare and download an Answer form using the Do-It-Yourself Answer and Counterclaim for Custody.
If the Defendant filed an Answer on time, skip this step and Step 9. Go ahead to Step 10.
If the Defendant did not send you a copy of an Answer within the 21 or 28 days, you must file a Default Request and Entry. When the clerk signs the Default Request and Entry, this is called “entering a default.” There is no cost for this. If you do not file a Default Request and Entry, the court will likely dismiss your case.
Find the Default Request and Entry form that was prepared by the Do-It-Yourself Custody Case (Unmarried Parents). Enter your case number and the name of the assigned judge in the top right corner of the form. File the Default Request and Entry form. The clerk will sign the form, entering the default. If you are filing in person at the court clerk's office, ask the clerk for two copies of the signed Default Request and Entry form.
Serve (send) a copy of the Default Request and Entry that was signed by the clerk to the Defendant. You must serve this document electronically if you can and if the other party has access to e-mail. If you or the other party can't do this electronically, or if you are not sure, you can serve it by regular mail.
If you are using MiFILE to file documents electronically, your documents will be served electronically as long as the other party is also using MiFILE. If the other party is not using MiFILE, you will need to serve the documents by e-mail, if possible, or by regular mail if electronic options are not available.
MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-filing. To learn more, read What Is E-Filing?.
If you are serving by e-mail, keep the following rules in mind:
- All documents must be in PDF format;
- The e-mail subject line must include the name of the court, case name, case number, and the title of each document being sent;
- If you e-mail a document at or before 11:59 p.m., it is considered served on that day. If you send the e-mail on a Saturday, Sunday, or legal holiday, it is considered served on the next business day;
- Do not delete any e-mails you send to the other party, especially e-mails that served court documents. You must keep a record of sent items until a judgment or final order is entered and all appeals have been completed.
If you filed in person, keep the other copy of the Default Request and Entry for the next step (Step 9).
Step 9: If needed, file the Certificate of Mailing
Only follow this step if you filed a Default Request and Entry in Step 8. Otherwise, go ahead to Step 10.
If you served the Default Request and Entry through MiFILE, you will not need to file a Certificate of Mailing.
However, if you served the form by mail or e-mail, you will need to file a Certificate of Mailing. On a copy of the Default Request and Entry form that was signed by the clerk, date and sign the Certificate of Mailing section. This is to certify that you have served the defendant with the Default Request and Entry form. If service was done by e-mail, cross out "by first-class mail addressed to their last-known addresses by MCR 2.107(C)(3)" and write “by e-mail to [defendant's e-mail address]."
If you will be filing in person at the clerk's office, make two copies of the Default Request and Entry with the completed Certificate of Mailing, and file the original and one copy with the clerk's office. Keep the other copy for your records. If you file through MiFILE or e-mail, you will not need to make copies.
Step 10: Complete the Domestic Relations Verified Financial Information Form and send it to the Defendant
If you filed a Default Request and Entry form, skip this step.
Otherwise, within 28 days after the Defendant serves you with an Answer, you must complete the Domestic Relations Verified Financial Information Form and sign it in front of a notary. You only need to complete the first two pages and sign the last page. Make a copy for your records, and send the form to the Defendant. Do not file the form with the court.
The Defendant must also fill out their own copy of the form and send it to you.
You and the Defendant must exchange these completed forms unless you agree in writing not to exchange them.
How to serve this document:
You must serve (send) this document electronically if you can and if the other party has access to e-mail. If you or the other party can't do this electronically, or if you are not sure, you can serve it by regular mail.
If you are serving by e-mail, keep the following rules in mind:
- All documents must be in PDF format;
- The e-mail subject line must include the name of the court, case name, case number, and the title of each document being sent;
- If you e-mail a document at or before 11:59 p.m., it is considered served on that day. If you send the e-mail on a Saturday, Sunday, or legal holiday, it is considered served on the next business day;
- Do not delete any e-mails you send to the other party, especially e-mails that served court documents. You must keep a record of sent items until a judgment or final order is entered and all appeals have been completed.
You must file a Proof of Mailing after serving the form. If you served by e-mail, cross out “first-class mail” and write "e-mail." In the space for the other party's address, write the e-mail address instead. If you are filing in person at the court clerk's office, also file a copy of the Proof of Mailing for the Friend of the Court.
Important!
If you are a survivor of domestic violence, sexual assault, or stalking by the other party, you may leave out any information which might lead to the location of where you live or work, or where a minor child (if any) may be found. If you are self-represented and do not provide your address because of domestic violence, you will need to give this form to the other party at the first scheduled hearing instead of mailing it, unless you and the defendant agree otherwise or the court directs otherwise. If you leave out information, you must explain the reasons why in a sworn affidavit and file it with the court within 28 days after the defendant serves the Answer.
Step 11: File your Notice of Hearing and Motion
Wait about 30 days after you have the Defendant served with the initial custody papers. Then file a Notice of Hearing and Motion to enter your Order Regarding Complaint for Custody, Parenting Time, and Child Support and Uniform Child Support Order. The Do-It-Yourself Custody Case tool prepared two different Notice of Hearing and Motion forms. Read below to figure out which one to file.
(1) If a default was not entered in your case (see Step 8), use the Notice of Hearing and Motion for Entry of Order Regarding Custody, Parenting Time, and Child Support. Do the following:
- Write the case number in the box at the top right of the form;
- In paragraph three, write the name and bar number of the judge if you have it.
Under the word Motion:
- Write the date you filed your Complaint next to paragraph 1;
- Check the box in front of paragraph 3 if you agree it is in the children's best interests to enter the proposed Order Regarding Complaint for Custody, Parenting Time and Child Support, and the proposed Uniform Child Support Order;
- If you and the Defendant agree on all the terms of the proposed orders, check the box next to “agree” in paragraph 4. If both parties do not agree on all the terms, check the box next to “do not agree." Also check the box in front of the 4;
- If you want the judge to refer your case to the Friend of the Court, check the box in front of the number 5, and the boxes next to the issues that have not been resolved in your case. Only do this if you and the other party have not agreed on all issues and you would like the FOC to make a recommendation to the judge regarding custody, parenting time, and/or support.
Sign and date the motion.
(2) If a default was entered in your case, use the Notice of Hearing and Motion for Entry of Default Order Regarding Custody, Parenting Time, and Child Support. Do the following:
- Write the case number in the box at the top right of the form;
- In paragraph three, write the name and bar number of the judge if you have it.
Under the word Motion, write the date you filed your custody case. Sign and date the motion.
You must pay a fee to file the motion and schedule the hearing unless your fees were waived.
Date and sign the Notice of Hearing and Motion.
The Notice of Hearing and Motion should be filed the same way you filed the other papers in your case.
If you are filing in person, make two copies of the Notice of Hearing and Motion and take them to the circuit court clerk’s office along with the original. Ask the clerk for a hearing date and time, and complete paragraph three on the original and each copy of the Notice of Hearing and Motion. File the original and one copy, and save the other copy.
If you are not filing in person (such as filing by MiFILE, e-mail, or mail), call the court and ask how they would like the hearing information to be completed on your Notice of Hearing and Motion. They may give you a hearing date or choice of dates, or they may ask you to leave it blank for the court to assign a date later. If they let you schedule your hearing, write in the hearing information before filing. You will only need a physical copy of the form if you plan on sending a copy of it to the defendant by mail instead of through e-mail or MiFILE.
Step 12: Update your final documents
If you are asking the judge to refer your case to the Friend of the Court for an investigation at your hearing, you do not need to complete this step right now. Skip to Step 13.
If you are asking the judge to enter an order at your hearing, you need to review and update the following documents that were prepared when you used the Do-It-Yourself Custody Case (Unmarried Parents) tool:
- Order Regarding Complaint for Custody, Parenting Time, and Child Support
- Uniform Child Support Order
- Domestic Relations Judgment Information
Read all the terms of the Order Regarding Complaint for Custody, Parenting Time, and Child Support to see if you need to make any changes. To make changes to the order, log back in to LawHelp Interactive and edit your saved forms. For instructions on how to do this, read LawHelp Interactive Instructions for DIY Tools. After you log in, click the section you want to change. Make the changes and print the documents you changed.
Make a copy of the Order Regarding Complaint for Custody, Parenting Time, and Child Support and the Uniform Child Support Order for the Defendant and write “Proposed” above the title of each document.
Step 13: Send the Notice of Hearing and Motion and proposed orders (if you have any) to the Defendant
Serve the Defendant with the Notice of Hearing and Motion. If you made a proposed Order Regarding Complaint for Custody, Parenting Time, and Child Support, and a proposed Uniform Child Support Order in Step 12, serve the Defendant with a copy of each of those proposed orders. Look back to Step 8 for information on how to serve these documents.
If a default was not entered in your case:
Service must be completed at least nine days before the hearing date if you mail the papers or send them electronically, or at least seven days before the hearing date if they are personally delivered.
If a default was entered in your case:
Service must be completed at least 14 days before the final hearing date.
Step 14: File a Proof of Service
The Do-It-Yourself Custody Case (Unmarried Parents) tool prepared two copies of a Proof of Service form. Complete one of those forms. Fill in each part of the form that applies, and check the boxes next to the names of the papers you served and the type of service. Date and sign the Proof of Service and file it. If you are going to file in person at the court clerk's office, make two copies of the Proof of Service, and file the original and one copy. Keep the other copy for your records.
If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.
Step 15: Get your orders approved by the Friend of the Court or other office if required
If you are asking the court to refer your case to the Friend of the Court, you can skip this step.
Call the Friend of the Court office at your court to find out if they need to approve the orders in your custody case before your final hearing. This is only required in certain counties. However, every court requires you to file your Domestic Relations Judgment Information form with the Friend of the Court (see the last paragraph of this step).
If Friend of the Court approval is required, make a copy of the Order Regarding Complaint for Custody, Parenting Time, and Child Support, and your Uniform Child Support Order. Make two copies of your Domestic Relations Judgment Information form.
Before your hearing date, go to the Friend of the Court office with your papers. Tell the clerk you have orders you need the Friend of the Court to approve. Give the clerk your original Order Regarding Complaint for Custody, Parenting Time, and Child Support and the Uniform Child Support Order. The clerk will ask you to wait while someone reviews and approves your documents.
File the original Domestic Relations Judgment Information form with the Friend of the Court. Keep one copy for yourself and one copy to serve on the Defendant. (This is required in all counties).
Step 16: Attend the hearing
These are brief instructions about attending your court hearing. For more detailed instructions about going to court, watch the Going to Court video. If your hearing is going to be held through Zoom instead, read Remote Hearings.
Go to the court on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes before your scheduled hearing time. Go to the clerk and tell them your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.
Bring all your custody papers with you to the hearing, including four copies of the approved (if approval is required) Order Regarding Complaint for Custody, Parenting Time, and Child Support and the Uniform Child Support Order. Be prepared to answer questions from the judge about the statements in your Complaint for Custody, Parenting Time, and Child Support.
When you are called, go to the place you are directed and answer the judge’s questions clearly and directly. If the Defendant is at the hearing, they will also have a turn to speak.
If you are requesting a Referral Order
If you are asking the judge to refer your case to the Friend of the Court for a custody, parenting time, and/or child support investigation, bring several copies of the Referral Order you got when you used the Do-It-Yourself Custody Case (Unmarried Parents) tool.
If the judge signs the Referral Order, stop using these instructions and start using the Checklist – How to Request a Custody Order – Friend of the Court Process, beginning with Step 11: Case Scheduling and Friend of the Court Process.
If you are requesting an Order Regarding Complaint for Custody, Parenting Time, and Child Support
If you are asking the judge to enter an Order Regarding Complaint for Custody, Parenting Time, and Child Support and a Uniform Child Support Order, the judge will ask you for your proposed orders once they have made a decision.
If the judge approves your proposed orders, the judge will sign all copies of the forms.
Step 17: File the signed Order Regarding Complaint for Custody, Parenting Time, and Child Support and the signed Uniform Child Support Order
File the signed Order Regarding Complaint for Custody, Parenting Time, and Child Support and the Uniform Child Support Order. If you are filing in person at the court clerk's office, also file copies of these forms for the Friend of the Court, and ask the clerk for two copies of each order to take with you (one copy of each for your own records, and the other copies to serve on the defendant).
Step 18: Serve the Order Regarding Complaint for Custody, Parenting Time, and Child Support, the Uniform Child Support Order, and the Domestic Relations Judgment Information on the Defendant
Within seven days after the judge signs the orders, serve the Defendant with the signed Order Regarding Complaint for Custody, Parenting Time, and Child Support, the Uniform Child Support Order, and a copy of the Domestic Relations Judgment Information. If the Defendant is at the final hearing, you can give them copies of the signed orders and Judgment Information form in the courtroom.
Otherwise, look back to Step 8 for information on how to serve documents.
Step 19: Complete and file a new Proof of Service
The Do-It-Yourself Custody Case (Unmarried Parents) tool prepared two copies of a Proof of Service form. Complete one of those forms, showing the date you served the Order Regarding Complaint for Custody, Parenting Time, and Child Support, the Uniform Child Support Order, and the Domestic Relations Judgment Information, and how you served them on the Defendant. Check the boxes on the Proof of Service to show which documents you served.
Date and sign the Proof of Service and file it. If you are going to file in person at the court clerk's office, make two copies of the Proof of Service, and file the original and one copy. Keep the other copy for your records.
If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.
Step 20: What to do after your order is final
After the Order Regarding Complaint for Custody, Parenting Time, and Child Support is entered, both you and the Defendant must obey the terms of the order. If either party disobeys the order, the other party can file a motion asking the court to enforce it.
The Friend of the Court will automatically review child support every 36 months, or sooner if either party submits a written request (but not more often than once every 36 months). A party can also file a motion to change custody, parenting time, or child support, but they have to prove a substantial change in circumstances.