FOC 65 Motion Regarding Parenting Time (Michigan): how to fill it out, item by item

A walkthrough of the one-page Michigan form for asking the circuit court to establish, change, or make up parenting time: the caption, items 1 through 6, the notice of hearing, and the certificate of mailing.

Researched by Dan Martin, Legal Researcher · Published by Onbello Legal

Quick answer

FOC 65, Motion Regarding Parenting Time, is the State Court Administrative Office form for asking a Michigan circuit court to establish parenting time, change it, or order makeup parenting time, in a pending divorce, separate maintenance, family support or paternity case or one that ended in a judgment or order. It is one page with six numbered items: whether a parenting time order exists, the attached UCCJEA Affidavit (MC 416), how the order was disobeyed, any agreement, why the request is in the children’s best interests, and what you ask the court to order. Parenting time is granted in accordance with the best interests of the child under MCL 722.27a(1). You get a hearing date and mail the motion to the other party at least 9 days before the hearing under MCR 2.119(C)(1)(a).

Summary: what FOC 65 does, and what you need first

FOC 65 asks the court to establish, change, or make up parenting time. The instructions say to use FOC 87 if you want the court to change custody.
Have your judgment or order in front of you. Items A and B of the instructions say to copy the case number and the party names from your court papers, and item 1 asks whether an order regarding parenting time exists.
If the problem is a disobeyed order, list each instance with dates for item 3: denied parenting time, parenting time not exercised, changes made without a court order, or conditions not followed.
Write item 5 around the child. MCL 722.27a(1) says parenting time is granted in accordance with the best interests of the child and that a strong relationship with both parents is presumed to be in the child’s best interests.
Write the schedule you want for item 6 in specific terms. MCL 722.27a(8) says parenting time shall be granted in specific terms if requested by either party.
Complete an MC 416, Uniform Child Custody Jurisdiction Enforcement Act Affidavit. Item 2 states that it is attached, and MCR 3.206(B) requires it when parenting time is to be determined or modified.
Get a hearing date before you serve. The instructions say to contact the friend of the court office to find out whom to contact about a hearing date, then fill in the notice of hearing.
Bring the original and five copies to the county clerk. The instructions say a $100.00 fee is due at filing and that you may ask the clerk for form MC 20 if you cannot afford it.
Mail a copy of the motion, the MC 416 and the notice of hearing to the other party by first-class mail at least 9 days before the hearing (MCR 2.119(C)(1)(a)), then complete the certificate of mailing.

The full form

All 1 pages of FOC 65 (Rev. 6/17) as the court prints them. Open a page to read it full size; the walkthrough below shows the matching part of the form under each item.

Page 1

What FOC 65 is, and the parenting time standard

Motion Regarding Parenting Time (FOC 65) is one of the form motions the friend of the court office must make available under MCL 552.505(1)(d) for a party who wants to modify a parenting time order without a lawyer. The instructions say to use it if you have a pending case for divorce, separate maintenance, family support, or paternity; if you have a judgment or order in one of those cases but parenting time was not included; or if you already have parenting time orders and want the court to order or change parenting time. They say to use FOC 87 to change custody; for support, instruction G says that if a change in parenting time will affect the support obligation, you may file a Motion Regarding Support (FOC 50).

Parenting time has its own statute. MCL 722.27a(1) says parenting time shall be granted in accordance with the best interests of the child, that it is presumed to be in a child’s best interests to have a strong relationship with both parents, and that parenting time shall be granted in a frequency, duration, and type reasonably calculated to promote that relationship. MCL 722.27a(3) says a child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child’s physical, mental, or emotional health. MCL 722.27a(7) lists factors the court may consider in setting frequency, duration and type, including the child’s special needs, the likelihood of abuse or neglect, the burden of travel, and whether a parent has frequently failed to exercise reasonable parenting time.

Changing an existing order is governed by MCL 722.27(1)(c), which lets the court modify its previous judgments or orders for proper cause shown or because of change of circumstances. In Shade v Wright, 291 Mich App 17 (2010), the Court of Appeals held that a more expansive definition of proper cause or change of circumstances applies to parenting time when the modification does not alter the established custodial environment, and that normal life changes, in that case a child starting high school and wanting to take part in more activities, were enough to modify parenting time. The court called the long travel between the parents’ homes in different states significant and said its holding was limited to the changes in that case. In Sabatine v Sabatine (2024), the Michigan Supreme Court quoted Shade, through Rains v Rains, for the rule that the proper cause and change of circumstances framework applies to a parenting time change only if the change alters the established custodial environment. If the change you ask for would alter the established custodial environment, MCL 722.27(1)(c) requires clear and convincing evidence that it is in the child’s best interest.

The form itself does not print a proper cause item. It asks how the order was disobeyed (item 3), what you agreed (item 4), why the request is in the children’s best interests (item 5), and what you want ordered (item 6). MCR 3.213 says postjudgment motions in domestic relations actions are governed by MCR 2.119, which requires a motion to state with particularity the grounds and the relief sought.

This page is public legal information, not legal advice, and Onbello is not a law firm. The item numbers and labels below are those printed on the Michigan State Court Administrative Office (SCAO) form (FOC 65, Rev. 6/17). Procedures differ by county. If you can afford an attorney, we encourage you to hire one.

FOC 65 item by item

FOC 65 is a single page. The circled letters A through J printed in the left margin match the item letters in the instructions packet (INST FOC 65), which explains each one on its page 6; the numbers 1 through 6 are the form’s own items. Item numbers and wording below are the ones printed on the form.

When an item runs out of room

Items 3, 4, 5 and 6 each print a line telling you to use a separate sheet and attach it. The instructions say to print the sheet as neatly as you can and to make four copies of each sheet to attach to copies of the form. Label each sheet with the item number it continues.

Caption (A and B)

Court, case number and judge, court address, plaintiff and defendant

FOC 65, page 1, caption, as printed on the form — FOC 65, page 1, caption — tap to open the full page

What it asks: STATE OF MICHIGAN, the JUDICIAL CIRCUIT and COUNTY, CASE NO. and JUDGE, the court address and telephone number, and the plaintiff’s and defendant’s name, address, and telephone number, each with a moving party box.
What to put: Instruction A says to copy the case number from your divorce, separate maintenance, family support, or paternity papers. Instruction B says to copy the names the same way and to check moving party in the box with your name. For example, Daniel Reyes, defendant, moving party, and Maria Lopez, plaintiff.
Common mistake: Swapping plaintiff and defendant because you are the one filing now. The caption follows the original case.

Third party box

Third party’s name, address, and telephone no.

What it asks: The name, address and telephone number of a third party in the case, with a moving party box.
What to put: Fill it in only if your court papers have a third party box; instruction B says to use it if applicable.
Common mistake: Using it for a grandparent. Grandparenting time is a separate petition under MCL 722.27(1)(f) and section 7b of the Child Custody Act, not this motion.

Item 1 (C)

Is there an order regarding parenting time?

FOC 65, page 1, item 1, as printed on the form — FOC 65, page 1, item 1 — tap to open the full page

What it asks: a. On [Date] a judgment or order was entered regarding parenting time, or b. There is currently no order regarding parenting time.
What to put: Instruction C says to check only one box. Read your judgment or order; if it has information about parenting time, check a and write the date it was entered. If it has none, check b.
Common mistake: Checking b because the order only says “reasonable parenting time.” That is still an order regarding parenting time.

Item 2

The UCCJEA Affidavit

What it asks: The printed statement: Attached is a completed Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC 416).
What to put: Nothing to fill in. Complete MC 416 and attach it. MCR 3.206(B) says that in a case in which the custody or parenting time of a minor is to be determined or modified, the filing party shall file the affidavit, as required by MCL 722.1209(1).
Common mistake: Leaving it out because the motion is only about parenting time. The rule covers parenting time too.

Item 3 (D)

[Name] has disobeyed the parenting-time order as follows

FOC 65, page 1, item 3, as printed on the form — FOC 65, page 1, item 3 — tap to open the full page

What it asks: A box and the other person’s name, then the ways the order was disobeyed: a. he/she has denied me parenting time with the child(ren); b. he/she has not had parenting time with the child(ren); c. he/she has made changes in parenting time without court order; d. he/she has not followed the specific conditions of parenting time. The form says to explain in detail on a separate sheet.
What to put: Instruction D ties this item to box a in item 1 and orders that have not been obeyed (its first words run off the left edge of the published instructions page), then says to check whichever of a through d best explain what happened, and explain on a separate sheet in as much detail as possible. List dates and what the order required each time.
Common mistake: Using a motion as the only remedy for missed weekends. MCL 552.642 requires each circuit to have a makeup parenting time policy for a parent wrongfully denied parenting time, and MCL 552.641 lists what the friend of the court does in response to a complaint about a violation, so ask the office what applies in your county.

Item 4 (E)

[Name] and I have agreed to parenting time as follows

FOC 65, page 1, item 4, as printed on the form — FOC 65, page 1, item 4 — tap to open the full page

What it asks: A box and the other person’s name. The line printed under it on the current form reads: Use a separate sheet to explain why it is in the best interests of the child(ren) and attach.
What to put: Instruction E says to check this box if you and the other party have agreed to start parenting time or make changes in it, and to explain on a separate sheet what you have agreed on. MCL 722.27a(2) says that if the parents agree on parenting time terms, the court shall order them unless it determines on the record by clear and convincing evidence that they are not in the child’s best interests.
Common mistake: Following the printed line alone. On the current PDF it repeats item 5’s instruction; instruction E is the one that says what this sheet is for, which is the agreement itself.

Item 5 (F)

It is in the best interests of the child(ren) to establish or change parenting time because

FOC 65, page 1, item 5, as printed on the form — FOC 65, page 1, item 5 — tap to open the full page

What it asks: Whether you ask to establish parenting time or change parenting time, and why that is in the children’s best interests, explained on a separate sheet.
What to put: Instruction F says to check the box that best states what you are asking for and explain why it is in the children’s best interests. Tie it to MCL 722.27a: the presumption in favor of a strong relationship with both parents in subsection (1), and the factors in subsection (7), such as the child’s special needs, the burden of travel, and whether a parent can reasonably be expected to follow the order.
Common mistake: Writing about the other parent instead of the child. MCL 722.27a(1) measures parenting time by the child’s best interests.

Item 6 (G)

I ask the court to order that parenting time be established, changed, or made up

FOC 65, page 1, item 6, as printed on the form — FOC 65, page 1, item 6 — tap to open the full page

What it asks: Whether you want parenting time established, changed, or made up, and what you want ordered. The line printed under it on the current form reads: Use a separate sheet to explain in detail what you have agreed on and attach.
What to put: Instruction G says to check the box that best explains what you want the court to order and to explain in as much detail as possible what you want the court to order. Write days, times, holidays, exchanges and any conditions; MCL 722.27a(9) lists conditions an order may contain, such as transportation, times for pickup and return, supervision, and notice when parenting time will not occur.
Common mistake: Forgetting support. Instruction G says that if a change in parenting time will affect the support obligation, you may file a Motion Regarding Support (FOC 50).

Signature (H)

Date and moving party’s signature

FOC 65, page 1, signature, as printed on the form — FOC 65, page 1, signature — tap to open the full page

What it asks: The date and your signature.
What to put: Instruction H says to write in today’s date and sign, then contact the friend of the court office in your county to find out how to get a hearing date. MCR 2.119(A)(1)(d) requires a motion to be signed by the party or attorney.
Common mistake: Mailing the motion before the hearing information is filled in. The certificate of mailing says you served the notice of hearing with it.

Notice of hearing (I)

NOTICE OF HEARING

What it asks: A hearing will be held on this motion before [Judge/Referee] [Bar no.] on [Date] at [Time] at [Location].
What to put: Instruction I says to fill in the full name of the judge or referee, the date, the time (including a.m. or p.m.) and the place once the hearing is scheduled. MCR 2.119(A)(3) allows a motion and its notice of hearing to be combined in one document.
Common mistake: Leaving the accommodations line unread. The form says to contact the court immediately if you need a disability accommodation or an interpreter, and to give your case number.

Certificate of mailing (J)

CERTIFICATE OF MAILING

What it asks: The statement that on this date you served a copy of the motion, a UCCJEA Affidavit and the notice of hearing on the parties or their attorneys by first-class mail addressed to the last-known address as defined in MCR 3.203, with the date and your signature.
What to put: Instruction J says to date and sign it on the remaining three copies on the day you mail, then return to the county clerk with two copies. MCR 3.203(A)(2) says service by mail is to a party’s last known mailing address, and MCR 2.107(C)(3) says service by mail is complete at the time of mailing.
Common mistake: Signing the certificate before the envelope is mailed. It certifies that service happened on the date written.

Common pitfalls

Asking for a custody change on the parenting time form

The instructions say to use FOC 87 if you want the court to change custody. If the schedule you want would alter the established custodial environment, MCL 722.27(1)(c) requires clear and convincing evidence that the change is in the child’s best interest, and MCR 3.210(C)(1) requires an evidentiary hearing before a contested order that changes it.

Serving too late

MCR 2.119(C)(1) says a motion, notice of hearing, and supporting papers must be served at least 9 days before the hearing if served by first-class mail, or at least 7 days before if served by delivery, and MCR 2.119(C)(4) says the motion must be filed at least 7 days before the hearing unless the court sets a different time.

Describing the schedule in general terms

MCL 722.27a(8) says parenting time shall be granted in specific terms if requested by either party. “More time” or “every other weekend” leaves the start day, times and exchanges for someone else to decide.

Forgetting the friend of the court copy

MCR 3.203(G) says that, except where electronic filing is implemented, the parties must provide the friend of the court with a copy of all pleadings and documents filed. The instructions say the clerk keeps the original and one copy for the court file and the friend of the court.

Overlooking the international travel default

MCL 722.27a(10) says a parenting time order shall prohibit exercising parenting time in a country that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, unless both parents give the court written consent. If travel matters to your request, address it in item 6.

Missing the objection window after a referee hearing

The instructions say that if a referee hears the motion and you disagree, you may object and ask for a hearing before the judge using FOC 68, Objection to Referee’s Recommended Order. MCR 3.215(E)(4) says the written objection and notice of hearing must be filed within 21 days after the referee’s recommendation for an order is served.

What to file with FOC 65

MC 416: Uniform Child Custody Jurisdiction Enforcement Act Affidavit. Attached to the motion, as item 2 states, and mailed with it. Read the MC 416 walkthrough.
FOC 66: Response to Motion Regarding Parenting Time. Not filed by you. The note printed on FOC 65 tells the person receiving the motion that they may file a response on FOC 66. Read the FOC 66 walkthrough.
FOC 67: Order Regarding Parenting Time. The instructions say to bring the original and five copies to the hearing, and that you are responsible for preparing the order even if you do not get what you asked for.
FOC 50: Motion Regarding Support. Instruction G says you may file it if a change in parenting time will affect the support obligation.
FOC 87: Motion Regarding Custody. The instructions say to use it instead if you want the court to change custody. Read the FOC 87 walkthrough.
MC 20: Fee Waiver Request. If you cannot afford the filing fee. The instructions name form MC 20; courts.michigan.gov publishes it as Fee Waiver Request (Rev. 1/26). MCL 600.2529(5) says the court shall waive or suspend fees on a showing by affidavit of indigency or inability to pay.

Filing practice differs by county, and the instructions say to ask the friend of the court office how hearings are scheduled where you live. The $100.00 fee is the figure the instructions state. The State Court Administrative Office pamphlet What It Means to Represent Yourself in a Child Custody, Parenting Time, or Child Support Matter says the clerk charges a $20 motion fee plus $80 for actions about custody or parenting time; those are the fees in MCL 600.2529(1)(e) and (1)(d)(i). Ask the clerk what your county charges. The form’s footer cites MCL 552.14 and MCR 2.119; the parenting time statute itself is MCL 722.27a.

Keep reading

FOC 66 Response to Motion Regarding Parenting Time, item by item

The form the other party uses to answer each item of this motion.

MC 416 UCCJEA Affidavit, item by item

The affidavit item 2 says is attached.

FOC 87 Motion Regarding Custody, item by item

For a custody change, with the proper cause threshold in item 5.

Changing a custody or parenting time order in Michigan

The process around FOC 65, from filing to the hearing.

Custody and parenting time in Michigan

How parenting time is set under MCL 722.27a.

Custody schedule calculator

Lay out the schedule you will ask for in item 6 on a calendar first.

Common questions

Do I need proper cause to change parenting time in Michigan?

MCL 722.27(1)(c) lets the court modify its orders for proper cause shown or because of change of circumstances. In Shade v Wright, 291 Mich App 17 (2010), the Court of Appeals held that a more expansive definition of those terms applies to parenting time when the change does not alter the established custodial environment, and that the normal life changes in that case were enough. FOC 65 does not have a proper cause item; it asks why the request is in the children’s best interests.

How far before the hearing do I have to serve FOC 65?

MCR 2.119(C)(1) says at least 9 days before the hearing if you serve by first-class mail, or at least 7 days before if you serve by delivery, unless the court sets a different time. The FOC 65 instructions say to serve by first-class mail and to serve the motion, the MC 416 and the notice of hearing at least 9 days before the hearing date.

Can I ask for makeup parenting time on FOC 65?

Yes. Item 6 lets you ask the court to order that parenting time be made up. Separately, MCL 552.642 requires each circuit to establish a makeup parenting time policy for a parent who has been wrongfully denied parenting time, which the friend of the court may apply in response to a complaint under MCL 552.641.

What does it cost to file FOC 65?

The instructions say you must pay a $100.00 fee at the time of filing, and that if you cannot afford it you may ask the county clerk for form MC 20. The State Court Administrative Office’s self-representation pamphlet breaks a custody or parenting time motion fee into a $20 motion fee (MCL 600.2529(1)(e)) and $80 for custody or parenting time (MCL 600.2529(1)(d)(i)). MCL 600.2529(5) requires the court to waive or suspend fees on a showing by affidavit of indigency or inability to pay.

Can the court deny parenting time altogether?

MCL 722.27a(3) says a child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child’s physical, mental, or emotional health. MCL 722.27a(9) lets an order include conditions such as supervised parenting time.

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