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1. Can a custody order be changed if both parents agree?

If both parents agree on a proposed change, they may sign an agreement ("stipulation for entry of a consent order") and request the judge's approval. If the judge signs the proposed consent order, it will then become the new custody order.

2. Do I need an attorney to file a motion to change custody?

No. You may file the motion on your own, and the Friend of the Court will provide the forms and instructions that you will need. The court will expect you to follow the same rules that an attorney must follow. There are many complex issues in a custody case, and most people prefer to have an attorney represent them. The FOC cannot file a motion for you, nor can our office provide you with an attorney or tell you what to say in the motion.

3. Can the Friend of the Court assist parties in reaching an agreement regarding custody?

Yes. The friend of the court provides domestic relations mediation when there is a custody dispute and both parties agree to participate in mediation.

4. If a motion for custody has been filed, and the parents cannot reach an agreement on their own, what will the Friend of the Court do?

The Friend of the Court must offer ADR services to the parties. If there has been a change in circumstances and the judge directs, the FOC must investigate the custody issues and file a written report and recommendation based upon the "best interests of the child" factors listed in the Michigan Child Custody Act. Parties should work to resolve their issues before filing a motion.

5. May I receive a copy of the Friend of the Court's custody report and recommendation?

Yes. Upon request, and before the court acts on the recommendation, the Friend of the Court must give each party or that party's attorney a copy of the report, including the custody recommendation and a summary of the information used in making the recommendation.

6. Is there a cost for the custody investigation?

There could be a cost to the parties if the parties request the investigation.

7. What happens if I have custody according to the court's order, but the other parent does not return the child to me as required by the order?

You have a few options:
- You may contact the Friend of the Court office and request that it initiate enforcement.
- You may file a motion, with or without an attorney, and ask the Court to enforce the order.
- If you believe the other parent will refuse to return the child, you may contact the police or the prosecuting attorney, and ask either to file a parental kidnapping charge.

8. How do I enforce the custody order if the other parent takes our child to another country?

When a child who is a United States citizen is illegally kept outside of this country, the United States State Department's Office of Children's Issues will work with the local U.S. embassy and the other country's government to assist the child and the lawful custodial parent. However, because child custody disputes are private legal disputes between the two parents, the State Department has no jurisdiction to force the other parent to obey a court order.

If the parents cannot reach an agreement, this kind of child custody dispute often must be resolved by judicial proceedings in the country where the child and the other parent are living. The State Department will help the lawful custodial parent file the appropriate documents with the foreign authorities. It also will monitor and report on the foreign judicial or administrative proceedings.

A parent may contact the Office of Children's Issues at the United States Department of State at:
US Department of State
Office of Children's Issues
SA-29
2201C Street, North West
Washington, DC 20520-2818
Phone: 1-888-407-4747
Fax: 202-736-9080
Office of Children's Issues Website

9. Is the Friend of the Court allowed to investigate child abuse or neglect?

The Friend of the Court does not have authority to investigate abuse or neglect. Abuse or neglect should be reported to the Child Protective Services (CPS) division of the Department of Human Services (DHS) in the county where the children live.

A judge may consider allegations of abuse or neglect when making a decision regarding custody or parenting time. A party should inform the FOC of any concerns about that abuse or neglect if the FOC is doing a custody or parenting-time investigation. Both the judge and the FOC will rely on Child Protective Services to investigate and evaluate the abuse or neglect allegations.

10. May my child enroll in my local school, even though the child lives in another school district with the other parent most of the time?

When the parents live in different school districts, Michigan law allows a child to attend a school in either district, regardless of which parent has custody.