FOC 87 Motion Regarding Custody (Michigan): how to fill it out, item by item

A walkthrough of the one-page Michigan form for asking the circuit court to establish or change custody in an existing case: the caption, items 1 through 8, the notice of hearing, and the certificate of mailing.

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

Quick answer

FOC 87, Motion Regarding Custody, is the State Court Administrative Office form for asking a Michigan circuit court to enter or change a custody order in a case that already exists: a pending custody, divorce, separate maintenance, family support, or paternity case, or one that ended in a judgment or order. It is one page with eight numbered items. Item 5 asks you to show that proper cause exists or that circumstances have changed, which MCL 722.27(1)(c) makes the condition for modifying a custody order, and item 6 asks which best interest factors in MCL 722.23 support the change. You attach a UCCJEA Affidavit (MC 416), 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 87 does, and what you need first

FOC 87 asks the court to establish custody or change an existing custody order in a case you already have. The instructions say you cannot use it to start a custody case.
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 custody exists.
Prepare the facts for item 5 first. Under MCL 722.27(1)(c) the court may modify a custody order for proper cause shown or because of a change of circumstances, and Vodvarka v Grasmeyer, 259 Mich App 499 (2003), holds that the court cannot revisit the best interest factors until that threshold is met.
Organize item 6 by the twelve best interest factors in MCL 722.23. The form asks which factors under the Child Custody Act support the motion.
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 custody 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.
If you also want to move the child more than 100 miles or out of state, the instructions say to use form FOC 115 as well. Its published title is Motion Regarding Change of Domicile/Legal Residence.

The full form

All 1 pages of FOC 87 (Rev. 6/18) 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 87 is, and the threshold every custody motion has to meet

Motion Regarding Custody (FOC 87) 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 custody order without a lawyer. The instructions say to use it if you have a pending case for custody, divorce, separate maintenance, family support or paternity, or if you have a custody order through a judgment of custody, divorce, separate maintenance, a family support order, or an order of filiation. They say it cannot be used to start a custody case, by a third party who wants to intervene to get custody in a pending case, or to change the child’s domicile to another state or more than 100 miles away; for that, they say to use this form and FOC 115.

A motion in an existing case follows MCR 2.119. MCR 3.213 says postjudgment motions in domestic relations actions are governed by MCR 2.119, and MCR 2.119(A)(1) says a motion must be in writing, state with particularity the grounds and authority on which it is based, state the relief or order sought, and be signed. The form’s items track that: what the current order says (items 1, 3 and 4), the grounds (items 5 and 6), any agreement (item 7), and the order you want (item 8).

The grounds come first. MCL 722.27(1)(c) lets the court modify or amend its previous judgments or orders for proper cause shown or because of change of circumstances, and says the court shall not change a child’s established custodial environment unless there is presented clear and convincing evidence that it is in the best interest of the child. In Vodvarka v Grasmeyer, 259 Mich App 499 (2003), the Court of Appeals held that the movant must prove proper cause or a change of circumstances by a preponderance of the evidence before the court considers the established custodial environment and the best interest factors.

Vodvarka defines both terms. Proper cause means one or more appropriate grounds, relevant to at least one of the twelve best interest factors, of such magnitude that they have or could have a significant effect on the child’s life. A change of circumstances means that, since the entry of the last custody order, the conditions surrounding custody, which have or could have a significant effect on the child’s well-being, have materially changed; the court said normal life changes are not enough and that the change must have occurred after the last custody order.

If the motion is contested, MCR 3.210(C)(8) says that in deciding whether an evidentiary hearing is needed on a postjudgment motion to change custody, the court must determine, by an offer of proof or otherwise, whether there are contested factual issues. When custody or a motion that would change the established custodial environment is contested, MCR 3.210(C)(1) says the hearing must be held within 56 days after the court orders it or after notice that a hearing is requested (or, if both parties agree to mediation and it is unsuccessful, within 56 days after the final mediation session), and MCR 3.210(C)(3) says the court must decide within 28 days after the hearing. MCR 3.210(C)(7) lets the court extend both times for good cause.

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 87, Rev. 6/18). Procedures differ by county. If you can afford an attorney, we encourage you to hire one.

FOC 87 item by item

FOC 87 is a single page. The circled letters A through L printed in the left margin match the item letters in the instructions packet (INST FOC 87), which explains each one on its page 6; the numbers 1 through 8 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 5, 6, 7 and 8 each print a line telling you to use a separate sheet, explain in detail, and attach. The instructions say to print the sheet as neatly as you can and to make four copies of each sheet to attach to four 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 87, page 1, caption, as printed on the form — FOC 87, 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 custody, divorce, separate maintenance, family support or paternity papers. Instruction B says to copy the names the same way, so if you were the plaintiff, your name goes in the plaintiff box, and then check moving party in the box with your name. For example, Maria Lopez, plaintiff, moving party, and Daniel Reyes, defendant.
Common mistake: Putting your name in the plaintiff box because you are the one filing now. The caption follows the original case; the moving party box is what shows who filed this motion.

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. If you are the third party and the motion is yours, check moving party here.
Common mistake: Using this box to bring a new person into the case. The instructions say the form cannot be used by a third party who wants to intervene to get custody in a pending case.

Item 1 (C)

Is there an order regarding custody?

FOC 87, page 1, item 1, as printed on the form — FOC 87, page 1, item 1 — tap to open the full page

What it asks: a. On [Date] a judgment or order was entered regarding custody, or b. There is currently no order regarding custody.
What to put: Instruction C says to check only one box. Read your judgment or order; if it says anything about custody, check a and write the date it was entered. If it says nothing about custody, check b.
Common mistake: Checking b because the current arrangement is informal. If any judgment or order addresses custody, item 1a applies, and item 5 then has to show proper cause or a change since that order.

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: There is nothing to fill in. Complete MC 416 and attach it. MCR 3.206(B) says that in a case in which custody or parenting time is to be determined or modified, the filing party shall file the affidavit, as required by MCL 722.1209(1).
Common mistake: Filing without it. The signed motion says it is attached, and MCL 722.1209(2) lets the court stay the proceeding until the information is furnished.

Item 3 (D)

Who was ordered to have custody

FOC 87, page 1, item 3, as printed on the form — FOC 87, page 1, item 3 — tap to open the full page

What it asks: A box, then: The plaintiff, defendant, or the third party was ordered to have custody of the following child(ren), with a line for their names.
What to put: Instruction D says to check this box only if you checked box a in item 1, read your court papers to find out who was ordered to have custody, and write that here with the names of the children. Copy what the order says, including joint custody wording.
Common mistake: Describing who has the children now. That is item 4; item 3 is what the order says.

Item 4 (E)

Where the children are living now

FOC 87, page 1, item 4, as printed on the form — FOC 87, page 1, item 4 — tap to open the full page

What it asks: The child(ren) have been living with [Name] at [Complete address] since [Date].
What to put: Instruction E says to state who the children are living with now, where, and the date they started living there, even if it is different than what was ordered. If a court order makes your address confidential, MCR 3.203(F) requires you to give an alternative address for service.
Common mistake: Leaving out a recent move. MCL 722.27(1)(c) says a custodial environment is established if over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort, so the court needs to know where the child has actually been living, and since when.

Item 5 (F)

Proper cause exists or circumstances have changed as follows

FOC 87, page 1, item 5, as printed on the form — FOC 87, page 1, item 5 — tap to open the full page

What it asks: The facts showing proper cause or a change of circumstances. The form says to use a separate sheet, explain in detail what has happened, and include all necessary facts.
What to put: Specific events, with dates, that happened after the most recent custody order. Vodvarka holds that a change of circumstances must have occurred after entry of the last custody order, must be material, and must have or could have a significant effect on the child’s well-being; proper cause must be relevant to at least one best interest factor and of that same magnitude. For example: since the March 2025 order, the child has missed 31 school days while in the other parent’s care, per the attached attendance record.
Common mistake: Restating facts that were known when the last order was entered. Vodvarka says the movant cannot rely on facts that existed before entry of the custody order to establish a change of circumstances.

Item 6 (G)

It is in the best interests of the child(ren) to establish or change custody

FOC 87, page 1, item 6, as printed on the form — FOC 87, page 1, item 6 — tap to open the full page

What it asks: The reasons the change is in the children’s best interests. The form says to explain on a separate sheet which best interest factors under the Child Custody Act support the motion.
What to put: Take the factors one at a time. MCL 722.23 defines best interests as the sum of twelve factors, (a) through (l): the emotional ties between the parties and the child; each party’s capacity to give love, affection and guidance; to provide food, clothing and medical care; the length of time in a stable environment; the permanence of the custodial home; moral fitness; mental and physical health; the child’s home, school and community record; the child’s reasonable preference; each party’s willingness to encourage a close relationship with the other parent; domestic violence; and any other relevant factor.
Common mistake: Repeating item 5. Item 5 is the threshold that opens the custody question; item 6 is the case for the outcome, factor by factor.

Item 7 (H)

[Name] and I agree to custody, support, and parenting time as follows

FOC 87, page 1, item 7, as printed on the form — FOC 87, page 1, item 7 — tap to open the full page

What it asks: The name of the other person, and what you have agreed on, explained in detail on a separate sheet.
What to put: Instruction H says to use this item if you and the other party agree about custody, and to explain what you agreed to, including support and parenting time. On parenting time, 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. If there is no agreement, leave item 7 blank.
Common mistake: Writing an agreement that covers custody but not support. The item and instruction H both ask for custody, support, and parenting time.

Item 8 (I)

I ask the court to order that custody, parenting time and support be as follows

FOC 87, page 1, item 8, as printed on the form — FOC 87, page 1, item 8 — tap to open the full page

What it asks: What you want the court to order, explained in detail on a separate sheet.
What to put: Instruction I says to explain in as much detail as possible and to include support and parenting time; if you completed item 7, it says you only need to write “Same as 7. above.” MCL 722.27a(8) says parenting time shall be granted in specific terms if requested by either party, so if you want a schedule, write the schedule.
Common mistake: Asking only for “full custody.” The instructions and the item ask for custody, parenting time and support, and MCR 2.119(A)(1)(c) requires a motion to state the relief or order sought.

Signature (J)

Date and moving party’s signature

FOC 87, page 1, signature, as printed on the form — FOC 87, page 1, signature — tap to open the full page

What it asks: The date and your signature.
What to put: Instruction J 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 (K)

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 K 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. The instructions say the clerk writes the name of the assigned judge on your form when you file. MCR 2.119(A)(3) allows a motion and its notice of hearing to be combined in one document, which is what this block does.
Common mistake: Guessing at the hearing details. The instructions say to get them from the person or office the friend of the court directs you to before filling this in.

Certificate of mailing (L)

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 L says to date and sign it on the remaining three copies on the day you mail. MCR 3.203(A)(2) says service by mail is to a party’s last known mailing address, and when a judgment or order requires the parties to report address changes to the friend of the court, MCR 3.203(B) defines that address as the most recent one the party gave the office in writing, the one in the most recent judgment or order, or one the office established. 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

Skipping the threshold

MCL 722.27(1)(c) lets the court modify a custody order for proper cause shown or because of change of circumstances. Vodvarka holds that if the movant does not carry that burden, the court is not authorized to revisit the prior custody decision and reconsider the best interest factors. A strong item 6 does not make up for a thin item 5.

Relying on minor complaints

Vodvarka notes that published cases found neither an intrastate change in domicile nor more minor allegations of contempt or visitation complaints sufficient to establish a change of circumstances or proper cause. A parenting time problem may belong on FOC 65, Motion Regarding Parenting Time, instead.

Serving too late

MCR 2.119(C)(1) says a motion, notice of hearing, and any supporting brief or affidavits 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. 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. The instructions say to mail it by first-class mail.

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, marked “friend of the court” and submitted to the clerk at filing. The instructions build this in: the clerk keeps the original and one copy for the court file and the friend of the court.

Expecting the change at the motion hearing

A contested motion that would change the established custodial environment needs an evidentiary hearing. MCR 3.210(C)(1) says the court may not enter an order that changes it without first holding an evidentiary hearing to determine whether clear and convincing evidence supports the order. The court may also order a friend of the court investigation, which MCL 552.505(1)(g) says it orders only after finding proper cause or a change of circumstances when custody has been established by order.

Missing the objection window after a referee hearing

The instructions say that if a referee hears the motion and you disagree with the decision, 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 87

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 88: Response to Motion Regarding Custody. Not filed by you. The note printed on FOC 87 tells the person receiving the motion that they may file a response on FOC 88. Read the FOC 88 walkthrough.
FOC 89: Order Regarding Custody and 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 10/52: Uniform Child Support Order. The instructions say to bring it to the hearing as needed, when support is part of the order.
FOC 115: Motion Regarding Change of Domicile/Legal Residence. The instructions say to use it with FOC 87 if you want to change custody and move the child to another state or more than 100 miles away. MCL 722.31(1) restricts a change of legal residence of more than 100 miles while custody is governed by court order.
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. MCR 3.203(G) leaves the friend of the court copy to the court where electronic filing is implemented, and the instructions say to ask the friend of the court office how hearings are scheduled in your county. 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.

Keep reading

FOC 88 Response to Motion Regarding Custody, item by item

The form the other party uses to agree or disagree with each item of this motion.

MC 416 UCCJEA Affidavit, item by item

The affidavit item 2 says is attached.

FOC 65 Motion Regarding Parenting Time, item by item

For a parenting time change or a disobeyed parenting time order, not a custody change.

Changing a custody or parenting time order in Michigan

The modification process around the form, from filing to the evidentiary hearing.

Custody and parenting time in Michigan

The twelve best interest factors item 6 asks about, and joint custody.

Custody schedule calculator

Lay out the schedule you will describe in item 8 on a calendar first.

Common questions

What is proper cause or a change of circumstances in Michigan?

In Vodvarka v Grasmeyer, 259 Mich App 499 (2003), the Michigan Court of Appeals held that proper cause means one or more appropriate grounds, relevant to at least one of the twelve best interest factors in MCL 722.23, that have or could have a significant effect on the child’s life. A change of circumstances means that since the last custody order, the conditions surrounding custody that have or could have a significant effect on the child’s well-being have materially changed. Normal life changes are not enough.

How far before the hearing do I have to serve FOC 87?

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 87 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 use FOC 87 to start a custody case?

No. The instructions say FOC 87 cannot be used to start a custody case. It is for a pending custody, divorce, separate maintenance, family support or paternity case, or for a party who has a custody order through a judgment, a family support order, or an order of filiation.

What does it cost to file FOC 87?

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 to fill out. 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.

Does the judge have to hold a hearing with testimony?

Not always. MCR 3.210(C)(8) says that in deciding whether an evidentiary hearing is necessary on a postjudgment motion to change custody, the court must determine, by an offer of proof or otherwise, whether there are contested factual issues. MCR 3.210(C)(1) says the court may not enter an order resolving a contested matter that changes the established custodial environment without first holding an evidentiary hearing.

Who prepares the custody order after the hearing?

The FOC 87 instructions say the moving party is responsible for preparing the order, using FOC 89 and, as needed, the Uniform Child Support Order, even if you do not get what you asked for.

Ready to prepare your Motion Regarding Custody?

Our guided tool helps you prepare an affidavit in your own words and fills out your court paperwork.

Join the waitlist — $129 at launch

A family law attorney will always have the biggest impact on your case. If you can afford one, we encourage you to hire one.