The Friend of the Court in Michigan

What the Friend of the Court is

Unless the parties opt out, a Michigan domestic relations case has a matching case with the Friend of the Court (FOC) (MCL 552.505a(1)). The FOC is an office with duties set by the Friend of the Court Act (MCL 552.501 et seq.) and the Support and Parenting Time Enforcement Act (MCL 552.601 et seq.). MCR 3.208(A) gives it the powers and duties those statutes prescribe.

If your case involves a child under 18 or a request for support, the person who files must serve the FOC informational pamphlet with the complaint (MCR 3.203(J)). The pamphlet explains the office’s procedures, your rights, dispute resolution, joint custody, and how to file a grievance (MCL 552.505(1)(c)).

What the office does

Under MCL 552.505(1), each FOC office must:

• Provide forms and instructions. Form motions, responses, and orders for changing custody, parenting time, support, or a domicile provision without a lawyer, with instructions on filing, service, and scheduling a hearing. Walkthroughs of the custody and parenting time motions and responses: FOC 87, FOC 88, FOC 65, and FOC 66.
• Tell you about dispute resolution when custody or parenting time is disputed, and about joint custody.
• Investigate and recommend, when the court orders it. A written report and recommendation on custody or parenting time must be based on the Child Custody Act factors. If you ask, the investigation must include a meeting with you. If custody is already set by order, the court orders an investigation only after finding proper cause or a change of circumstances.
• Recommend support using the Michigan Child Support Formula, and explain any recommendation that departs from it.

The office also reviews support orders (MCL 552.517), runs its alternative dispute resolution program (MCL 552.513, MCR 3.224), and starts enforcement of support, custody, and parenting time orders (MCL 552.511, MCL 552.511b, MCR 3.208(B)).

Forms the FOC sends you

Early in a case the FOC may ask each party for information. Two common SCAO forms:

• FOC 23, Verified Statement (Rev. 6/22). MCR 3.206(C)(1) requires the party seeking relief in a case involving a minor, or a support request, to give the FOC a verified statement with identifying, financial, and health care coverage information, and serve a copy on the other party.
• FOC 39, Friend of the Court Case Questionnaire (Rev. 6/22).

Once a support order is in place in an FOC case, the order requires each party to report changes to their address, phone, income sources, and licenses to the FOC within 21 days, in writing or by another method allowed under SCAO guidelines (MCL 552.603(7) and (8)).

Opting out of FOC services

Parents are not required to have an FOC case opened or kept open (MCL 552.505a(2)). With their first pleadings, parties can jointly ask the court not to open one. The court must grant it unless, for example, a party receives or applies for title IV-D services, a party asks for a case to be opened, or there is evidence of domestic violence or uneven bargaining positions and evidence that a party has chosen not to apply for title IV-D services against that party’s or the child’s best interest. Parties must also file a signed acknowledgment of the services they are giving up.

If there is no FOC case, the parents carry full responsibility for administering and enforcing the order themselves (MCL 552.505a(3)). An open case can also be closed on motion, subject to similar limits, including no support arrearage or custody or parenting time violation in the past 12 months (MCL 552.505a(4)).

If you have a complaint about the office

MCL 552.526 sets the grievance process for problems with office operations or employees:

1. File a written grievance with the FOC office. It must respond, or explain why it cannot, within 30 days.
2. If you are not satisfied, file a further written grievance with the chief judge, who must also respond within 30 days.
3. Grievances about office operations can also go to the county’s citizen advisory committee.

A grievance is not the way to change a recommendation in your case. Disagreements with a recommendation are raised by objecting under the court rules.

Primary sources

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

• MCL 552.505, duties of the friend of the court
• MCL 552.505a, opening and closing an FOC case
• MCL 552.511b, custody and parenting time complaints
• MCL 552.513, alternative dispute resolution
• MCL 552.517, support review
• MCL 552.526, grievances
• MCL 552.603, support order requirements
• MCR 3.203, 3.206, 3.208, 3.210, 3.224