The Friend Of The Court Praecipe For Motion {FD-FOC 4004}

FD/FOC 4018 CODING: MOCUS MOTION TO CHANGE CUSTODY USE THIS SET OF FORMS IF: 225 You still have at least one child on this case that is under 18 years old 225 You want to change physical custody of the child(ren) in your case [where the child(ren) live most of the time] 225 You want to change legal custody of the child(ren) in your case (i.e. having the legal right to take part in making major life decisions about the child(ren)). Please be advised that your motion will be denied if you do not provide proof of proper cause or a change of circumstances which has occurred since the entry of your last Custody Order. This Motion must be filed and scheduled in the Coleman A. Young Municipal Center (CAYMC) building at Two Woodward Avenue, Detroit, MI 48226. It will cost you $100.00 to file this motion. The County Clerk222s Office accepts cash; debit cards; MasterCard, American Express, and Discover credit cards; and, money orders made payable to the Wayne County Clerk. If you cannot afford the filing fee, you can ask the Chief Judge for an Order waiving the filing fee. Fee Waiver forms can be obtained from Room 201 (CAYMC 2nd floor). You can ONLY do this in person and you must have a State-issued photo ID card and proof of your income and/or public assistance. If the Chief Judge waives your filing fee the waiver is only good the same day as it is signed. You must file your motion that same day. INSTRUCTIONS: 1. Fill out pages 1 through 4. Use BLACK OR BLUE INK ONLY 2. Write your Case Number in the upper right corner of every page. 3. Attach a complete copy of your most recent child custody, parenting time and support order(s) to your forms. You might have one Order or Judgment that talks about all three issues, or you may have more than one Order. 4. Fill out the Worksheet for Request of Change of Custody in this packet and attach it to your forms. 5. Leave the forms in numerical order. Make 3 sets of copies of pages 1 through 4 and all of your attachments before you bring them to Court to file them. FD/FOC 4018 Page A Revised: 07/18/2013 American LegalNet, Inc. www.FormsWorkFlow.com FD/FOC 4018 CODING: MOCUS 6. Bring all the original forms plus the 3 sets of copies to file. 7. Always keep a copy of every paper you file with the Court and bring them to the hearing. 8. To get a Court date, you need to file the motion properly with the Court. IF YOU ARE FILING IN PERSON: 1. Take your original set of motion forms, your copies, and your money to pay the filing fee with you to CAYMC. 2. Take your original set of motion forms, your copies, and your filing fees (or signed Order waiving filing fees) to the Wayne County Clerk in Room 201 (CAYMC 2nd floor). 3. Put case labels (stickers) in the upper right corner of all original documents and only on pages 1 and 2 of each of your copies. Case labels are free and available in Room 201. 4. If you have a Chief Judge Order waiving your filing fees, give it the Clerk. 5. The Clerk will keep the original forms and have you pay at the Cashier counter. 6. The Clerk will give back to you the 223Motion Praecipe224 form with a red stamp on it. This proves that you filed the Motion with the Clerk222s office. 7. Take that stamped 223Motion Praecipe224 form and your copies to: the FOC Scheduling Office in Room 900A (CAYMC 9th floor, down the hall from the Clerk222s office). 8. At the window of Room 900A, an FOC representative will take all of your paperwork and give you a hearing date. 9. Go to your hearing with all documents that prove the request in your motion. If you do not show up, or if you show up late, your motion will be dismissed. IF YOU ARE FILING BY MAIL: 1. Write your Case Number in the upper right corner of every page. 2. Mail your original forms, 3 sets of copies and a money order for the filing fees to: Wayne County Clerk, Room 201, Coleman A. Young Municipal Center, Detroit, MI 48226. 3. Keep copies of everything you mail to the Court. 4. Include a Self-Addressed Stamped Envelope and a letter asking the County Clerk to mail you a receipt and a copy of your motion stamped 223filed.224 5. You will receive your hearing date by mail. QUESTIONS? Call the Wayne County Friend of the Court at (877) 543-2660 or email FOC-Help@3rdcc.org. Employees of the Friend of the Court and the Wayne County Circuit Court cannot give you legal advice or help prepare documents. General Court Information can be found on the website: www.3rdcc.org. Failure to complete all of the above steps may result in delay or dismissal of your motion. The Court is required by law to use the Michigan Child Support Formula to set the child support amount, unless the Court finds that application of the formula would be unjust or inappropriate. FD/FOC 4018 Page B Revised: 07/18/2013 American LegalNet, Inc. www.FormsWorkFlow.com COURT ADDRESS: 645 GRISWOLD DETROIT, MI 48226 Plaintiff Street and No. City/State/Zip: Telephone No: E-mail: Employer: Address: v Defendant Street and No. City/State/Zip: Telephone No: E-mail: Employer: Address: COURT TELEPHONE NO: (877) 543-2660 CERTIFICATION I HEREBY CERTIFY that the attached motion and any attached documents are in compliance with MCR 2.114. Signature: Attorney for Movant Date: , 20 One of the parties is incarcerated, MCR 2.004. I HEREBY CERTIFY as required by LCR 2.119(B) that I made personal contact with (party222s attorney222s name, if represented; party222s name if not) on (date) , 20, and requested concurrence in the relief sought in the attached Motion and that either concurrence has been denied or that I have made reasonable and diligent attempts to contact counsel or the other party, if s/he is not represented by an attorney, requesting concurrence in the relief sought. (Signature of Filing Party or Filing Party222s Attorney) TO: OFFICE OF FRIEND OF THE COURT, 645 GRISWOLD, DETROIT, MICHIGAN 48226 The attached Motion has been scheduled for (date) , 20 , at (time) at the Penobscot Building, 645 Griswold, Room , Detroit, MI 48226 and is assigned to Referee . INSTRUCTIONS After completing this Praecipe, attach a copy of your Motion to it. You must serve a copy of the Motion on the opposing party or their attorney, if they have one, and also give them a Notice of Hearing. Bring the completed Proof of Service and Notice of Hearing with you to the hearing. NOTICE RE: FILING FEES: In addition to the $20 motion fee, a filing fee of $40 must be paid for child support motions and a filing fee of $80 must be paid for child custody or parenting time motions. When a motion raises both child support and child custody or parenting issues, only the greater of the two fees will be collected. These filing fees are nonrefundable. Adjourned to: Adjourned to: Attorney Information Attorney for Plaintiff: Street Address: City, State, Zip: Telephone: E-mail Address: Attorney for Defendant: Street Address: City, State, Zip: Telephone: E-mail Address: FD/FOC 4004 (5/2015) FRIEND OF THE COURT PRAECIPE Revised 11/7/2017 STATE OF M IC H IGAN TH I R D JUDICIAL CIRCUIT WAYNE COUNTY THE FRIEND OF THE COURT PRAECIPE FOR MOTION C A S E N O. American LegalNet, Inc. www.FormsWorkFlow.com STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY MOTION TO CHANGE CUSTODY CASE NO. Please print or type information Plaintiff222s name, address, telephone no., and email address Attorney name, address, telephone no., and email address Defendant222s name, address telephone no., and email address Attorney name, address, telephone no., and email address This party is incarcerated and a telephone hearing is required This party is incarcerated and a telephone hearing is required Prisoner ID# Dept. of Corrections222 Prison Name Prisoner ID# Dept. of Corrections222 Prison Name 1. A Judgment of Divorce or an Order was entered in this case providing for custody of the following child(ren) (You must attach a copy of the Judgment or Order establishing custody.) Child(ren) name and date of birth: W h o doe s c hild (r en ) c u r r en t l y li v e wi t h an d s in ce w hen : 2. Custody should be changed because there is proper cause or a change of circumstances. (AttachRequired Worksheets and additional sheets if necessary.) 3. I am requesting the cour