How to Change a Custody or Parenting Time Order in Michigan

The legal standard

MCL 722.27(1)(c) lets the court modify a previous custody or parenting time order for proper cause shown or because of change of circumstances. The SCAO motion forms build that in: FOC 87 asks you to explain how “proper cause exists or circumstances have changed,” and then why the change is in the child’s best interests under the Child Custody Act factors.

A second rule in the same subsection matters most. The court may not change a child’s established custodial environment unless there is clear and convincing evidence that the change is in the child’s best interest. If your request would not change where the child naturally looks for guidance, discipline, the necessities of life, and parental comfort, the analysis is different from a request that would.

Which form to use

• Custody: FOC 87, Motion Regarding Custody (Rev. 6/18)
• Parenting time (establish, change, or make up): FOC 65, Motion Regarding Parenting Time (Rev. 6/17)
• Both forms require a completed MC 416, Uniform Child Custody Jurisdiction Enforcement Act Affidavit (Rev. 7/22) attached (MCR 3.206(B)). It lists where the child has lived for the last five years and any other custody proceedings.
• Moving the child’s residence: use FOC 115 instead. See the change of domicile guide.

Each form asks you to attach separate sheets explaining what has happened, what you and the other parent have agreed to (if anything), and exactly what you want the court to order. FOC 87 also asks which best interest factors support the change. Item-by-item walkthroughs: FOC 87, FOC 88, FOC 65, FOC 66, and MC 416.

Process overview

1. File the motion in your existing case with the county clerk, with the extra Friend of the Court copy where the court still takes paper (MCR 3.203(G)). See the family court guide for which courts use MiFILE.
2. Get a hearing date and fill in the notice of hearing on the form. Local scheduling practice varies, so ask the clerk or the Friend of the Court how hearings are set in your county.
3. Serve the other parent. The form’s certificate of mailing is for first-class mail to the last-known address defined in MCR 3.203. Under MCR 2.119(C)(1), serve at least 9 days before the hearing by first-class mail, or 7 days by delivery.
4. The other parent may respond on FOC 88 (custody) or FOC 66 (parenting time).
5. The court may refer the matter to the Friend of the Court for dispute resolution or an investigation, or to a referee.
6. Evidentiary hearing when required. If the motion is contested and would change the established custodial environment, the court must hold an evidentiary hearing first (MCR 3.210(C)(1)). For a postjudgment custody motion, the court decides whether a hearing is needed by checking, through an offer of proof or otherwise, whether there are contested facts to resolve (MCR 3.210(C)(8)).

Timing once a hearing is requested

When custody, or a motion that would change the established custodial environment, is contested, MCR 3.210(C)(1) requires the hearing within 56 days after the court orders it or after notice that a hearing is requested. If both parties agree to mediation and it fails, the 56 days run from the last mediation session. The court must decide within 28 days after the hearing (MCR 3.210(C)(3)), and it can extend these times for good cause (MCR 3.210(C)(7)).

Urgent situations

If waiting for a hearing would cause irreparable harm, a parent can ask for an ex parte order. SCAO form FOC 137 (Rev. 4/26) is the affidavit for an ex parte custody or parenting time request. See the ex parte orders guide.

Active duty service members

If a motion to change custody or parenting time is filed while a parent is deployed, the parent can apply for a stay, and the court generally may not change the arrangement that existed on the date of deployment except by a temporary order on clear and convincing evidence (MCL 722.27(3) and 722.27a(16)).

Primary sources

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

• MCL 722.27, modification and established custodial environment
• MCL 722.27a, parenting time
• MCR 3.203, 3.205, 3.206, 3.210 (Chapter 3)
• MCR 2.119(C), motion timing (Chapter 2)
• SCAO FOC 87, Motion Regarding Custody
• SCAO FOC 65, Motion Regarding Parenting Time
• SCAO MC 416, UCCJEA Affidavit