How Family Court Works in Michigan

Which court hears your case

Michigan family cases are filed in the family division of the circuit court. The Michigan Court Rules for domestic relations cases (subchapter 3.200) cover divorce, separate maintenance, paternity, support, and custody and parenting time cases under the Child Custody Act, plus the motions that come later in those cases (MCR 3.201(A)).

Once a court has a case about your child, later requests usually go into that same case. MCR 3.204(A)(1) says a new request about support, custody, or parenting time of the same child must be filed as a motion in the earlier case if that relief was available in the original case.

Who you will deal with

• The judge assigned to your case, who makes final decisions.
• A referee. Under MCL 552.507 and MCR 3.215, a referee can hear domestic relations motions referred by the court and make a recommended order. You can object and get a hearing before the judge. See the hearing guide for the deadlines.
• The Friend of the Court (FOC). An office of the circuit court that can investigate and recommend on custody, parenting time, and support, run dispute resolution, review support, and enforce orders. It has its own guide.
• The county clerk, who accepts filings. Under MCR 3.203(G), where e-filing is not in place and a child under 18 is involved or support is requested, you give the clerk an extra copy of each paper marked “friend of the court” so it reaches the FOC.
• A lawyer-guardian ad litem, sometimes. MCL 722.24(2) lets the court appoint one if the child’s best interests are not adequately represented.

Statewide forms

Michigan uses statewide forms approved by the State Court Administrative Office (SCAO). For parents, the core set is a numbered motion and a matching response for each subject:

• Custody: FOC 87, Motion Regarding Custody (Rev. 6/18), response FOC 88, Response to Motion Regarding Custody (Rev. 6/17)
• Parenting time: FOC 65, Motion Regarding Parenting Time (Rev. 6/17), response FOC 66, Response to Motion Regarding Parenting Time (Rev. 6/17)
• Support: FOC 50, Motion Regarding Support (Rev. 6/19), response FOC 51, Response to Motion Regarding Support (Rev. 6/17)
• Moving the child: FOC 115, Motion Regarding Change of Domicile/Legal Residence (Rev. 6/17), response FOC 116, Response to Motion Regarding Change of Domicile/Legal Residence (Rev. 6/17)
• Required with custody and parenting time requests: MC 416, Uniform Child Custody Jurisdiction Enforcement Act Affidavit (Rev. 7/22) (MCR 3.206(B))

Each motion form tells the person receiving it which response form to ask the Friend of the Court for. The full list is on the SCAO domestic relations forms page.

Filing on paper or through MiFILE

MiFILE is Michigan’s e-filing system, but it is not in every court yet. Under MCR 1.109(G)(3)(f), attorneys must e-file where it has been implemented, while everyone else must e-file only in courts SCAO has approved to mandate it.

The SCAO list of e-filing courts, updated 03/17/26, shows the statewide MiFILE system in six circuit courts: Hillsdale, Ottawa, Washtenaw, Dickinson, Iron, and Menominee. Of those, only Ottawa lists all other filers as mandated. Among the pilot courts on a separate system, the 6th Circuit (Oakland County) mandates e-filing for all filers in its domestic relations case types. For custody, parenting time, and support filings almost everywhere else, a self-represented parent files on paper with the county clerk.

Prior orders stay in force

Each part of an existing order stays in effect until a later order replaces, changes, or ends it (MCR 3.205(C)(1)). Filing a motion does not change anything by itself. Keep following the current order while your request is pending.

Asking the other side to pay attorney fees

MCR 3.206(D) lets a party ask, at any time, including after judgment, for an order that the other party pay all or part of the attorney fees and expenses. The request must allege facts showing one of two things:

• you cannot bear the expense of the action and the other party is able to pay, or
• the fees were incurred because the other party refused to follow a previous order despite being able to, or violated the discovery rules.

Primary sources

Rules and forms change. Check the current version at the source before you file.

• MCR 3.201, 3.203, 3.204, 3.205, 3.206, 3.215 (Michigan Court Rules, Chapter 3)
• MCR 1.109(G) (Michigan Court Rules, Chapter 1)
• MCL 552.507, referees
• MCL 722.24, lawyer-guardian ad litem
• SCAO, E-Filing Courts in Michigan (updated 03/17/26)
• SCAO domestic relations forms