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Motion Regarding Custody FOC 87 - Michigan
|Motion Regarding Custody Form. This is a Michigan form and can be used in Custody And Parenting Time Domestic Relations Statewide .||
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Form FOC 87 MOTION REGARDING CUSTODY Use this form if: · you have a pending case for custody, divorce, separate maintenance, family support or paternity; or · you are a party who has a custody order through a judgment of custody, divorce, separate maintenance, or family support order, or an order of filiation. You cannot use this form: · to start a custody case; or · if you are a third party and want to intervene to get custody of the child(ren) in a pending case for custody, divorce, separate maintenance, family support, or paternity. American LegalNet, Inc. www.FormsWorkFlow.com MOTION CHECKLIST Use the following checklist to make sure you have done all the steps that are needed. DID YOU . . . 1. 2. 3. 4. Fill out all requested information on the form? Make all necessary copies? Pay the fees to the clerk? Mail (serve) a copy of the motion on the other party and on any other custodian/guardian after the judge and hearing date were assigned to your case by the clerk? Return to the clerk's office after you mailed the motion and notice of hearing to the other party and completed the certificate of mailing? Keep one copy of the motion and notice of hearing form for yourself? Give two copies of the completed form to the clerk of the court? YES YES YES YES 5. YES YES YES 6. 7. If you cannot answer "yes" to all the above steps, a hearing on your motion may be delayed or your motion may be dismissed. By using this form packet you are representing yourself in a court action regarding custody. In order to receive the action you seek, you must follow the instructions in this packet. If you fail to do even one of the required steps, the order you get from the court may not give you the custody you want. If you have any questions about any steps in the process, refer to pages 3 through 5 of this booklet for details. PAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR USING FORM FOC 87 FILING A MOTION AND SERVING A MOTION »» FILING A MOTION 1. Fill out the Motion form. Use the instructions on page 6. Be careful not to make mistakes. Before filling out the "Notice of Hearing" part of the form, contact the friend of the court office to find out whom to contact about getting a hearing date. Then contact the person or office as directed by the friend of the court office. Fill in the form with the information you get about the hearing date, location of hearing, and name of the judge or referee who will be hearing the motion. Make at least five copies of the form after you have filled it out. 2. File the Motion form with the county clerk. Take the original and five copies of the form to the county clerk in the county where your case is located. You must pay a $20.00 motion fee. You may also be required to pay an $80.00 judgment and order entry fee when the motion is filed. If you can't afford to pay the fees, ask the county clerk for an Affidavit and Order, Suspension of Fees/Costs (form MC 20 not included in this packet) to fill out. The county clerk will write the name of the judge assigned to your case on your form. The clerk will keep the original and one copy of the motion and any attachments for the court file and the friend of the court. Then the clerk will return four copies and remaining attachments to you. Do not lose them. What you should have when you leave the clerk's office: One copy of FOC 87 (with any attachments) - for you One copy of FOC 87 (with any attachments) - for the other party One copy of FOC 87 - for proof of service to the court One copy of FOC 87 - for proof of service to the friend of the court »» SERVING THE MOTION ON THE OTHER PARTY OR PARTIES 1. Serve the Motion and Notice of Hearing on the other party. The other parent, or other party (if there is a custodian or guardian other than a parent) must be served with (notified of) the motion and hearing date at least 9 days before the hearing date. NOTE: Serve the papers by mailing them to the other party by first-class mail. PAGE 3 American LegalNet, Inc. www.FormsWorkFlow.com What you need for service: One copy of FOC 87 (with any attachments) - for the other party Two copies of FOC 87 - for proof of service Any additional copies of FOC 87 (with any attachments) - for another custodian or guardian if there is someone other than the other parent who has care or custody of the child(ren) Mail one copy with attachments to the other party. If there is a custodian or guardian, mail one copy and the attachments to them. Then fill out the Certificate of Mailing on the front of the remaining three copies. Keep one copy for your own records. 2. Return to the county clerk. Once you have mailed the motion and notice of hearing and filled out the Certificate of Mailing on the remaining three copies, return to the county clerk's office with two copies. Remember to keep one copy for your own records. The county clerk will deliver one copy to the friend of the court. 3. Response from other party. If you receive a response to your motion from the other party, make sure you read it before you attend the hearing. Think about what you want to say on your behalf. 4. Attend the hearing. You must attend the hearing on the motion. »» INFORMATION ABOUT ATTENDING THE HEARING Bring the original and five copies of the Order Regarding Custody (form FOC 89) and, as needed, the Uniform Child Support Order (form FOC 10/52) with you to the hearing. Also bring all supporting papers you have and any witnesses who are willing to testify. 1. Because you are representing yourself, you are expected to conduct yourself as an attorney would and to follow the same general rules an attorney would. 2. Make a list of information you think is important for the referee or judge to know. The information should relate to the reasons stated in your motion. You can use this list as a reminder to bring up the points you think are important. 3. If you think you need to order someone to attend this hearing, follow the procedure in Michigan Court Rule 2.506 or consult with an attorney. 4. Go to the judge's courtroom or referee's hearing room on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes early. Be prepared to spend most of the morning or afternoon in court. Bring any witnesses with you. PAGE 4 American LegalNet, Inc. www.FormsWorkFlow.com 5. If you are responsible for preparing the order, bring all copies of your order form. 6. Go into the courtroom or referee hearing room and tell the referee or clerk (sitting near the judge'