Michigan criminal defense attorney

What is it Like to File a Custody Case in Michigan? Part 1

Are you considering filing a custody case in Michigan?

Have you been served with a custody complaint?

Today, we are continuing our series about filing custody cases in Michigan. In this 3rd article, I am sharing about what the process is like. We will be covering this topic in two articles.

If you are still on the fence or just want to prepare yourself for what is ahead, this is the article for you.

Free, General – But, not legal advice

The information provided on this blog is free for your general information and should not be taken as legal advice. Every family’s situation is different. I am sharing about the most common custody cases which are between two parents. Grandparents as well as other guardians can file for custody as well. If that is you, I recommend you give my office a call.

Depending on what county you are in, there might be specifications. So, when reading this article, please keep this in mind. If you have any questions that this article or this series does not answer, you are more than welcome to contact my office.

MichiganLegalHelp.org reminds us that,

Your custody case will be in the family division of the circuit court in the county where your child lives. Specific court procedures vary in different counties, but the following are steps you can expect to happen in your case.”

Getting Started

The plaintiff is the person who is seeking the court’s help with establishing custody. The plaintiff is the one who files the first set of papers. The defendant is the child’s other parent. The defendant does have the opportunity to respond by filing an answer and counter-claim once they are served.

If You Are the Defendant

If you are the defendant, make sure that you respond to the custody complaint. As mentioned earlier, you can do this by filing a counter-claim. If you do not respond in the allotted amount of time, your case may go into default.

If your case goes into default, it can proceed without any input from you.

What is a Temporary Order?

If a judge is under the impression that the child could come to serious harm, the judge may enter an order in before the parents have presented any evidence. This is called an ex parte order – when the judge decides parenting time, child support or custody without holding a hearing.

If you have any questions about filing a custody case in Michigan, please do not hesitate to contact my office. Have a wonderful weekend everyone and I’ll see you back here on Monday to finish this two-part series.

This article was published on: January 17, 2014 and was last modified April 26, 2017