This toolkit tells you about getting a custody, parenting time, and child support order. This toolkit is for you if you are not married to your child's other parent and paternity was established by Affidavit of Parentage. If you are married and need a custody order, please visit the I Need a Divorce and I Have Children toolkit.
For general information about getting a custody order, read the Articles. Read the Common Questions if you have a specific question. If you want to file a complaint for custody, use the Forms link to prepare your forms. The Checklists below have step-by-step instructions for getting a custody order. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
File your custody case in the circuit court in the county where your child has lived with a parent for at least the last six months. To start your custody case, file the following documents:
- 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)
You can prepare these forms using our Do-It-Yourself Custody Case (Unmarried Parents) tool. If you file for custody, you are the plaintiff and your child’s other parent is the defendant.
Your custody case should be filed in your child’s “home state.” In general, your child must have lived in Michigan with a parent for at least six months in a row right before the case was filed (or since birth) for Michigan to be his or her home state. Michigan may also be the child's home state if the child is currently in another state, but Michigan was the home state within six months before the case was filed, and a parent continues to live in Michigan.
If you’re not sure if Michigan is the right state for your custody case, you may want to talk to a lawyer. If you need a lawyer and have low income, you may qualify for free legal help. Use the Guide to Legal Help to search for a lawyer or legal services in your area.
Your custody case should be filed in your child’s “home state.” In general, your child must have lived in Michigan with a parent for at least six months in a row right before the case was filed (or since birth) for Michigan to be his or her home state. Michigan may also be the child's home state if the child is currently in another state, but Michigan was the home state within six months before the case was filed, and a parent continues to live in Michigan. It doesn’t matter if the other parent lives outside Michigan if Michigan is your child’s home state.