Motion Regarding Custody {FOC 87}

Form FOC 87MOTION REGARDING CUSTODY Use this form if: 225 you have a pending case for custody, divorce, separate maintenance, family support or paternity; or 225 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: 225 to start a custody case; or 225 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; or 225 to change domicile of the child(ren) to another state or more than 100 miles away. If you want to change custody and domicile, you must use this form and form FOC 115, Motion to Change Domicile. American LegalNet, Inc. www.FormsWorkFlow.com en-USMOTION CHECKLISTen-USUse the following checklist to make sure you have done all the steps that are needed.en-USDID YOU . . . þ þ 1. þ Fill out all requested information on the form? þ YES þ þ 2. þ Complete and attach MC 416, Uniform Child Custody Jurisdiction þ Enforcement Act Affidavit? þ YES þ þ 3. þ Make all necessary copies? þ YES þ þ 4. þ Pay the fees to the clerk? þ YES þ þ 5. þ Mail (serve) a copy of the motion and MC 416 on the other party and þ on any other custodian/guardian after the judge and hearing date were þ assigned to your case by the clerk? þ YES þ þ 6. þ Return to the clerk222s office after you mailed the motion and notice of þ hearing and MC 416 to the other party and completed the certificate of þ mailing? þ YES þ þ 7. þ Keep one copy of the motion and notice of hearing and MC 416 forms þ for yourself? þ YES þ þ 8. þ Give two copies of the completed form to the clerk of the court? þ YES þ en-USIf you cannot answer 223yes224 to all the above steps, a hearing on your motion may be delayed en-USor your motion may be dismissed.en-USBy using this form packet you are representing yourself in a court action regarding custody. en-USIn order to receive the action you seek, you must follow the instructions in this packet. If en-USyou fail to do even one of the required steps, the order you get from the court may not give en-USyou the custody you want.en-USIf you have any questions about any steps in the process, refer to pages 3 through en-US5 of this booklet for details.en-USPAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com en-USINSTRUCTIONS FOR USING FORM FOC 87en-USFILING A MOTION AND SERVING A MOTIONen-US273273 FILING A MOTION 1. þ Fill out the Motion form. þ en-USUse the instructions on page 6. Be careful not to make mistakes. þ Before filling out the 223Notice of Hearing224 part of the form, contact the friend of the court office to þ find out whom to contact about getting a hearing date. Then contact the person or office as þ directed by the friend of the court office. Fill in the form with the information you get about the þ hearing date, location of hearing, and name of the judge or referee who will be hearing the þ motion. þ Make at least five copies of the form after you have filled it out. 2. þ Fill out MC 416, Uniform Child Custody Jurisdiction Enforcement Act Affidavit. 3. þ File the Motion form and MC 416 with the county clerk. þ Take the original and five copies of the form and MC 416 to the county clerk in the county where þ þ your case is located. þ You must pay a $100.00 fee at the time of filing. If you can222t afford to pay the fees, ask the county þ þ clerk for an Affidavit and Order, Suspension of Fees/Costs (form MC 20 en-USnot included in this packet ) þ þ to fill out. þ The county clerk will write the name of the judge assigned to your case on your form. The clerk þ will keep the original and one copy of the motion, MC 416 and any attachments for the court þ file and the friend of the court. Then the clerk will return four copies and remaining attachments to þ you. Do not lose them. þ What you should have when you leave the clerk222s office: þ One copy of FOC 87 and MC 416 (with any attachments) - for you þ One copy of FOC 87 and MC 416 (with any attachments) - for the other party þ One copy of FOC 87 - for proof of service to the court þ One copy of FOC 87 - for proof of service to the friend of the court en-US273273 SERVING THE MOTION ON THE OTHER PARTY OR PARTIES 1. þ Serve the Motion, MC 416 and Notice of Hearing on the other party. þ The other parent, or other party (if there is a custodian or guardian other than a parent) must þ be served with (notified of) the motion and hearing date at least en-US9 daysen-US before the hearing date. þ en-USNOTE: en-US Serve the papers by mailing them to the other party by first-class mail.en-USPAGE 3 American LegalNet, Inc. www.FormsWorkFlow.com What you need for service: One copy of FOC 87 and MC 416 (with any attachments) - for the other party Two copies of FOC 87 - for proof of service Any additional copies of FOC 87 and MC 416 (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 and MC 416 to the other party. If there is a custodian or guardian, mail one copy with attachments and MC 416 to them. Then fill out the Certificate of Mailing on the front of the remaining three copies. Keep one copy of the forms and attachments for your own records.2. Return to the county clerk. Once you have mailed the motion and notice of hearing and MC 416 and filled out the Certificate of Mailing on the remaining three copies of FOC 87, return to the county clerk222s 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.273273 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 judge222s courtroom or referee222s 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. þ If you are responsible for preparing the order, bring all copies of your order form. 6. þ Go into the courtroom or referee hearing room and tell the referee or clerk (sitting near the þ judge222s bench) your name, that you are there for a hearing, and you are representing yourself. þ Do en-USnoten-US interrupt any hearing in progress. Then take a seat in the back of the courtroom and wait þ for your case to be called. 7. þ When your case is called, be prepared to state: þ 1) þ your name. þ 2) þ that you are representing yourself. þ 3) þ that you need a custody order or a change in a custody order. þ 4) þ the facts or reasons for your request (bring papers such as reports that support your facts þ or reasons including income information such as pay stubs, W-2 forms, income tax þ forms, etc.). þ 5) þ why you believe this order would be in the best interests of the child(ren). þ 6) þ whether you have witnesses in court who are willing to testify. þ Answer the judge222s or referee222s questions clearly and directly. If the judge or referee wants to þ hear from the other witnesses, ask them to tell the c