{"id":374082,"date":"2018-04-27T16:44:30","date_gmt":"2018-04-27T21:44:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/michigan-law\/michigan-child-custody-forms-and-process.html"},"modified":"2018-05-01T12:21:44","modified_gmt":"2018-05-01T17:21:44","slug":"michigan-child-custody-forms-and-process","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/michigan-law\/michigan-child-custody-forms-and-process.html","title":{"rendered":"Michigan Child Custody Forms and Process"},"content":{"rendered":"\n
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Michigan Child Custody Forms and Process<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Breaking up can be a painful time for any couple. But regardless of whether it's through divorce<\/a>, breakups can be especially difficult for any children involved. Some of the most challenging issues involving children are custody<\/a> issues, such as determining which parent will live with the child or who will make life decisions concerning the child. In Michigan, the courts primarily resolve the issue of custody. But before it reaches that point, however, parents must undergo a lengthy process involved, including the filing of various forms.<\/p>\r\n

Michigan Child Custody Forms and Process Overview<\/h2>\r\n

When you need to know the spirit of the law without the legalese contained in statutes, it's helpful to see the law presented in an easy to understand manner. See the chart below for an overview of the child custody process in Michigan, including links to relevant statutes and necessary forms.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Michigan Compiled Laws:<\/p>\r\n

Establishing Paternity<\/b><\/p>\r\n<\/td>\r\n

Establishing paternity is a prerequisite for child custody when the parents aren't married to each other.<\/p>\r\n

Parents are unmarried:<\/p>\r\n

Filing Your Case<\/b><\/p>\r\n<\/td>\r\n

The party that files for custody is the plaintiff; the other parent is the defendant. Below are the common steps in the process:<\/p>\r\n

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  1. Determine if Michigan is the right state. The custody case should be filed in Michigan if it's your child's home state. Generally, this means that your child lived in Michigan with a parent for at least 6 consecutive months before the case was filed or since the child's birth.
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  2. File the case in the circuit court in your county.
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  3. To start proceedings, a complaint<\/a> and specific documents must be filed, including:<\/li>\r\n<\/ol>\r\n

Custody Determinations<\/b><\/p>\r\n<\/td>\r\n

When parents can't agree, the court decides custody determination, including whether there's already an established custodial environment with either parent, and determines the proper burden of proof which is applied to the "best interests of the child"<\/a> factors.<\/p>\r\n