Free Order Regarding Custody and Parenting Time - Michigan

Form FOC 10 / 52 and Form FOC 89 UNIFORM CHILD SUPPORT ORDER AND ORDER REGARDING CUSTODY AND PARENTING TIME
Use this form if:
· you had a hearing on your Motion Regarding Custody (Form FOC 87) and both you and the other party (and a third party) agree to sign the order without another hearing; or · you had a hearing on your Motion Regarding Custody (Form FOC 87) and the other party (and a third party) will not sign the order; or · you and the other party (and a third party) have agreed on the custody, parenting time, and support and want the court to sign your proposed order without having to file a motion and attend a hearing on the motion.
By filling in this form and using the instructions, you are representing yourself in a court action regarding custody.
In order to receive the action you seek, you must follow the instructions. If you fail to do even one of the required steps, the order you get from the court may not give you the custody you want.

After you fill out the order form, you must file it with the court and serve it on the other party. Then you will need to attend the hearing. Read the instructions for these things and use the checklist to make sure you've done what you need to.

You will need to use your court papers for divorce, separate maintenance, paternity, or custody to fill out this Order form.

ORDER CHECKLIST

Use the following checklist to make sure you have done all the steps that are needed.

DID YOU . . .
1. 2. 3. 4. 5. 6. 7. Fill out all requested information on the form? Make all necessary copies? Get the judge's signature? (NOTE: See pages 3-5 for details) Return to the clerk's office with all copies of the signed order? Make sure the clerk stamps all copies of the signed order? Keep one copy of the signed order for yourself? Mail (serve) a copy of the order on the other party and on any other custodian/guardian after it was stamped by the clerk? Give two copies of the completed form to the clerk of the court? YES YES YES YES YES YES

YES YES

8.

If you cannot answer "yes" to all the above steps, you do not have a valid order.

By using this form packet you are representing yourself in a court action regarding custody, parenting time, and support. In order to receive the action you seek, you must follow the instructions in this packet. If you fail to do even one of the required steps, the order you get from the court may not give you the custody you want. Note: Regardless of the custody you ask for, the court is required to use the Child Custody Act in deciding what custody should be. If you filed the motion form FOC 87, you are responsible for preparing the order even if it is not what you asked for.

If you have any questions about any steps in the process, refer to pages 3 through 5 of this booklet for details.
PAGE 2

What instructions are in this packet: Pages 3 and 4 - Instructions for getting a stipulated (mutually agreed upon) order signed Page 5 - Instructions for getting an order signed after a hearing

INSTRUCTIONS FOR GETTING A STIPULATED (MUTALLY AGREED UPON) ORDER SIGNED
(when both parties have signed the order without a hearing)

»» SIGNING AND FILING OF ORDER NOTE: A hearing on a stipulated order is not necessary unless the judge requests it. 1. Fill out the order form. Use the instructions on page 6. Be careful not to make mistakes. Make at least five copies of the form after you have filled it out. 2. Approval by friend of the court. In some courts the order has to be approved by the friend of the court before the judge will sign it. Contact the friend of the court office and ask if the order must be approved by the friend of the court. Then complete either step a or b below. a. If the order must be approved by the friend of the court, go to the friend of the court office with the original and five copies of the order. Leave the order with the office. Someone from the office should tell you when to come back for the order or should call you when the order has been approved. If you do not hear from the office within 5 days, contact the office to find out when to pick up the order. Go back and pick up the order. Then complete step 3 below. b. If the order does not need to be approved by the friend of the court, complete step 3 below. 3. Get the order to the judge. Since the other party or third party has signed the order, contact the friend of the court for instructions to get the order signed by the judge. Listen carefully to all the instructions for getting the order signed. Every circuit has a different way of handling the signing of orders. Ask when to come back for the signed order. If the signed order is sent to the county clerk by the judge, you won't have to pick it up.

PAGE 3

4. Pick up the signed order. If the other party or third party signed the order and you dropped it off for the judge's signature, go back and pick it up on the day and time you were told unless the judge sends the signed order to the county clerk for you. If you have to pick up the order, make sure you pick up the original and all five copies of the order. 6. Return to the county clerk. Once you have the signed order (FOC 10 / 52 and 89), bring the original and five copies with you. The clerk will stamp the order, keep the original and one copy, and return the other four copies to you. The county clerk will deliver one copy to the friend of the court. »» SERVING THE ORDER ON THE OTHER PARTY OR PARTIES 1. Serve the signed order on the other party. The other party must be served with (notified of) one copy of the signed order. NOTE: Serve the papers by mailing them to the other party by first-class mail. What you need for service: One Copy of FOC 10 / 52 and 89 - for the other party Two Copies of FOC 10 / 52 and 89 - for proof of service Any additional copies of FOC 10 / 52 and 89 - for other custodian or guardian if there is someone other than the other parent who has care or custody of the child(ren) Mail one copy to the other party. If there is a custodian or guardian, mail one copy to them. Then fill out the Certificate of Mailing on the front of the remaining three copies. Keep one copy for your own records. 2. Return to the county clerk. Once you have mailed the order and filled out the Certificate of Mailing on the remaining three copies, return to the county clerk's office with two copies. Remember to keep one copy for your own records. The clerk will deliver one copy to the friend of the court.

PAGE 4

INSTRUCTIONS FOR GETTING THE ORDER SIGNED AFTER A HEARING »» SIGNING AND FILING OF AN ORDER 1. Fill out the order form. Normally you will fill out the order at the hearing on the motion. Use the instructions on page 6. Be careful not to make mistakes. Make copies of the form based on the instructions on either page 3 of this booklet or in booklets for forms FOC 53 or FOC 54 depending on your situation. 2. Approval by friend of the court. In some courts the order has to be approved by the friend of the court before the judge will sign it. Contact the friend of the court office and ask if the order must be approved by the friend of the court. Then complete either step a or b below. a. If the order must be approved by the friend of the court, go to the friend of the court office with the original and five copies of the order. Leave the order with the office. Someone from the office should tell you when to come back for the order or should call you when the order has been approved. If you do not hear from the office within 5 days, contact the office to find out when to pick up the order. Go back and pick up the order. Then complete step 3 below. b. If the order does not need to be approved by the friend of the court, complete step 3 below. 3. Get the order signed by the judge. After you have filled out the order, you must have it signed by the judge. If both you and the other party sign the order to show you both approve the order, then go to pages 3 and 4 of this booklet for further instructions on getting the order signed by the judge. Otherwise you must do either of the following: a. Schedule and attend a hearing to get the order signed. (Use packet for form FOC 53, Notice of Hearing to Enter Order.) b. Notify the other party in writing that the order will be given to the judge to sign and that he or she has 7 days to file any written objections. If no objections are filed by the other party, the order can be signed. (Use packet for form FOC 54, Notice to Enter Order without Hearing.)

PAGE 5

INSTRUCTIONS FOR COMPLETING "ORDER REGARDING CUSTODY AND PARENTING TIME" AND "UNIFORM CHILD SUPPORT ORDER" Please print neatly. After filling in the form, you will need to make copies. Items A through E and form FOC 10 / 52 must be completed before the order can be given to the judge for signature. Please read the instruction for each item. Then fill in the correct information for that item on the form. A Before you fill in the Case No., get your copy of the Motion (form FOC 87) or your court papers for custody, divorce, annulment, separate maintenance, family support, or paternity. Copy the Case No. from that paper onto this form. Also use your court papers to fill in the "Plaintiff" and "Defendant" boxes, and if applicable, the "Third party" box. Copy the names from these court papers onto all 3 pages of this form. For example, if your name is in the box that says "plaintiff," then you should write your name in the "plaintiff" box on this order form. Fill in this information only if there was a hearing on a Motion Regarding Custody. If you filed a Motion Regarding Custody (form FOC 87) and the other party will not sign the order, a hearing to enter the order is required. Check the box "after hearing." If you filed a Motion Regarding Custody (form FOC 87) and the other party will sign the order without a hearing to enter the order, check the box "on consent of the parties." If you and the other party are filling out this order based on an agreement between both of you and you are not filing a motion with the court, check the box "on stipulation of the parties." Even if you have checked this box, the court may still require a hearing. If a hearing is required, follow the directions on scheduling a hearing in the booklet for form FOC 53, Notice of Hearing to Enter Order. E Check the box for item 2 only if you filed a Motion Regarding Custody (form FOC 87). Check the box for item 3 only if the other party filed a Response to Motion Regarding Custody (form FOC 88). Use the following instructions for items 4 through 11. Check only those boxes that say what the judge or referee ordered at the hearing on the motion. Then write in the blank spaces provided what the judge or referee ordered at the hearing. This information must state as closely as possible the exact words of the judge or referee. Use the notes you took at the hearing when filling out this part of the order form. If you did not check item 2, you and the other party are stipulating to the order. This means that you both have agreed on what you want the court to order and have not filed a motion. Since there may not be a hearing, you must write in as much detail as possible exactly what you agree on. Make sure you include everything you agreed on. Anything that you do not write down on this form will not be ordered even if you and the other party had agreed on it. Complete FOC 10 / 52 using the instructions for that form. If you filed a motion (form FOC 87) and the other party has agreed to sign the order without a hearing to enter the order, both you and the other party must sign the order. If the other party will not sign the order without a hearing to enter the order, follow the directions on scheduling a hearing in the booklet for form FOC 53, Notice of Hearing to Enter Order. If you and the other party are stipulating to the order, you both must sign the order. Some courts require the friend of the court to approve the order before the judge will sign it. To find out if this is required, contact the friend of the court office. If it is required, see either page 3 or 5 of this booklet for directions on getting the friend of the court's approval. To find out how to get the order signed, contact the friend of the court office for instructions. See either page 3 or 5 of this booklet for details. On the date you serve a copy on the other party, write in the date and sign your name on the remaining three copies. Return to the county clerk with two copies. You must read this booklet and other booklets dealing with orders for directions on the legal process.

B

C D

PAGE 6

Complete all items. Follow the instructions for filling out the form. Fill out the form by tabbing to each item or moving the mouse to each item. Select check box items with the mouse.
Approved, SCAO

Original - Court 1st copy - Other party 2nd copy - Moving party

3rd copy - Friend of the court 4th copy - Proof of service 5th copy - Proof of service

STATE OF MICHIGAN JUDICIAL CIRCUIT COUNTY
Court address

ORDER REGARDING CUSTODY AND PARENTING TIME

A

CASE NO.

Court telephone no.

B

Plaintiff's name, address, and telephone no.

Defendant's name, address, and telephone no.

v

Third party's name, address, and telephone no.

C
Date: Judge:
Bar no.

D E

1. This order is entered

after hearing.

on consent of the parties.

on stipulation of the parties.

THE COURT FINDS: 2. A motion requesting custody, parenting time, and support or a change to custody, parenting time, and support was filed. 3. A response to the motion was filed. does does not exist that warrants a custody order or change in custody. 4. A change of circumstances 5. Proper cause does does not exist that warrants a custody order or a change in custody. 6. It is is not in the best interests of the child(ren) to establish change parenting time. 7. A material change of circumstances exists that warrants a change in the support order. 8. It is in the best interests of the child(ren) to dismiss the motion. IT IS ORDERED: 9. The motion regarding custody, parenting time, and support is dismissed. The prior order remains in effect. 10. Custody is granted as follows: Name(s) of child(ren): plaintiff. defendant. third party. Joint legal to Unless otherwise agreed, a parent whose custody or parenting time of a child is governed by this order shall not change the legal residence of the child except in compliance with section 11 of the Child Custody Act of 1970, 1970 PA 91, MCL 722.31. Joint physical to plaintiff. defendant. third party. plaintiff. defendant. third party. Sole legal to Sole physical to plaintiff. defendant. third party. 11. Parenting time is established changed as follows:
Explain in detail what the court has ordered.

12.

13.

The parents shall cooperate with respect to a child so as, in a maximum degree, to advance a child's health, emotional, and physical well-being and to give and afford a child the affection of both parents and a sense of security. Neither parent will, directly or indirectly, influence a child so as to prejudice a child against the other parent. The parents will endeavor to guide a child so as to promote the affectionate relationship between a child and the mother and a child and the father. The parties will cooperate with each other in carrying out the provisions of this order for a child's best interests. Whenever it seems necessary to adjust, vary, or increase the time allotted to either party, or otherwise take action regarding a child, each of the parties shall act in the best interests of the child. Neither party shall do anything which may estrange the other from the child, injure the child's opinion of the other party, or which will hamper the free and natural development of the child for the other party. The parent with primary physical custody shall notify the friend of the court in writing whenever the address of a minor child changes.

Date

Judge

Support provisions are ordered on form FOC 10 / 52.
FOC 89 (3/08)

ORDER REGARDING CUSTODY AND PARENTING TIME

MCL 552.14, MCL 552.517b(3), MCL 722.21 et seq., MCR 2.119

Complete all items. Follow the instructions for filling out the form. Fill out the form by tabbing to each item or moving the mouse to each item. Select check box items with the mouse.
Approved, SCAO

Original - Court 1st copy - Plaintiff

2nd copy - Defendant 3rd copy - Friend of the court

STATE OF MICHIGAN JUDICIAL CIRCUIT COUNTY
Court address

UNIFORM CHILD SUPPORT ORDER (PAGE 1) EX PARTE TEMPORARY MODIFICATION FINAL
Fax no.

CASE NO.

Court telephone no.

Plaintiff's name, address, and telephone no.

Defendant's name, address, and telephone no.

v

Plaintiff's attorney name, bar no., address, and telephone no.

Defendant's attorney name, bar no., address, and telephone no.

Plaintiff's source of income name, address, and telephone no.

Defendant's source of income name, address, and telephone no.

The friend of the court recommends support be ordered as follows. If you disagree with this recommendation, you must file a written objection with on or before 21 days from the date this order is mailed. If you do not object, this proposed order will be presented to the court for entry. Attached are the calculations pursuant to MCL 552.505(1)(h) and MCL 552.517b. UNLESS OTHERWISE ORDERED in item 13: Standard provisions have been modified (see item 13). 1. The support obligation for a child continues until that child reaches age 18. The support obligation for a child continues thereafter until that child reaches age 19 years and 6 months, as long as the child is regularly attending high school full-time with a reasonable expectation of graduating, and the child is residing full-time with the support recipient or at an institution. Child care for a child continues through August 31 following that child's 12th birthday. The parties must notify each other of changes in child-care expenses and must additionally notify the friend of the court if the change ends those expenses. 2. Income withholding takes immediate effect. Payments shall be made through the Michigan State Disbursement Unit unless otherwise ordered in item 13. 3. Child Support. The payer has a monthly child-support obligation as follows: Payer: Children's names and birth dates: Children supported: 1 child 2 children 3 children 4 children Base support: (includes support plus or minus premium adjustment for health-care insurance) Support: $ $ $ $ Premium adjust. $ $ $ $ SS pymt. credit: $______________ $______________ $______________ $______________ 0.00 $ Total: $ 0.00 $ 0.00 0.00 $ Ordinary medical: $ $ $ $ Child care: $ $ $ $ Other: $ $ $ $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total: $ Support includes a parental-time offset using for .
Defendant

Payee:

Support effective date:

5 or more children $ $ $________________ 0.00 $ $ $ $ 0.00 $ and overnights

overnights for

Plaintiff

The support provisions ordered above
FOC 10 / 52 (7/08)

do

do not

follow the child-support formula.
MCL 552.14, MCL 552.517, MCL 552.517b(3), MCR 3.211

(See Page 2 for the remainder of the order.)

UNIFORM CHILD SUPPORT ORDER, PAGE 1

Approved, SCAO

Original - Court 1st copy - Plaintiff

2nd copy - Defendant 3rd copy - Friend of the court

STATE OF MICHIGAN JUDICIAL CIRCUIT COUNTY
Court address

UNIFORM CHILD SUPPORT ORDER (PAGE 2) EX PARTE TEMPORARY MODIFICATION FINAL
Fax no.

CASE NO.

Court telephone no.

Plaintiff's name

v

Defendant's name

4. Insurance. For the benefit of the children, the plaintiff defendant shall maintain health-care coverage through an insurer (as defined in MCL 552.602[o]) that includes payment for hospital, dental, optical, and other health-care expenses when that coverage is available at a reasonable cost, including coverage available as a benefit of employment or under an individual policy up to a maximum of $____________ for plaintiff. up to a maximum of $____________ for defendant. not to exceed 5% of the plaintiff's/defendant's gross income. 5. Uninsured Health-Care Expenses. All uninsured health-care expenses exceeding the annual ordinary medical amount will be paid ______% by the plaintiff and _____% by the defendant. Uninsured expenses exceeding the annual ordinary medical amount for the year they are incurred that are not paid within 28 days of a written payment request may be enforced by the friend of the court. The annual ordinary medical amount is . 6. Qualified Medical Support Order. This order is a qualified medical support order pursuant to 29 USC 1169. To qualify this order, the friend of the court shall issue a notice to enroll pursuant to MCL 552.626b. A parent may contest the notice by requesting a review or hearing concerning availability of health care at a reasonable cost. 7. Retroactive Modification, Surcharge for Past-Due Support, and Liens for Unpaid Support. Except as provided by MCL 552.603, support is a judgment the date it is due and is not modifiable retroactively. A surcharge will be added to past-due support. Unpaid support is a lien by operation of law and the payer's property can be encumbered or seized if an arrearage accrues in an amount greater than the periodic support payments payable for two months under the payer's support order. 8. Change of Address, Employment Status, Health Insurance. Both parties shall notify the friend of the court in writing, within 21 days, of any change in: a) their mailing or residence addresses and telephone numbers; b) the names, addresses, and telephone numbers of their sources of income; c) their health-maintenance or insurance companies, insurance coverage, persons insured, or contract numbers; d) their occupational or drivers' licenses; and e) their social security numbers unless exempt by law pursuant to MCL 552.603. 9. Redirection and Abatement: Subject to statutory procedures, the friend of the court : 1) may redirect support paid for a child to the person who is legally responsible for that child, 2) shall abate support charges for a child who resides on a full-time basis with the payer of support, or 3) shall redirect support to the Department of Human Services for a child placed in foster care. 10. Fees. The payer of support shall pay statutory and service fees as required by law. 11. Review. Each party to a support order may submit a written request to have the friend of the court review the order. The friend of the court is not required to investigate more than one request received from a party each 36 months. A party may also file a motion to modify this support order. 12. Prior Orders. Except as changed in this order, prior provisions remain in effect. Support payable under any prior order is preserved. Any past-due support shall be paid in the amount calculated using the Michigan Child Support Formula. 13. Other: (Attach separate sheets as needed.) IT IS SO ORDERED:
Judge

Date

Bar no.

Plaintiff (if consent/stipulation)

Date

Defendant (if consent/stipulation)

Date

Plaintiff's attorney

Date

Defendant's attorney

Date

Prepared by:
Name (type or print)

CERTIFICATE OF MAILING I certify that on this date I served a copy of this order on the parties or their attorneys by first-class mail addressed to their last-known addresses as defined in MCR 3.203.
Date FOC 10 / 52 (7/08) Signature

UNIFORM CHILD SUPPORT ORDER, PAGE 2

MCL 552.14, MCL 552.517, MCL 552.517b(3), MCR 3.211

Approved, SCAO

Original - Court 1st copy - Plaintiff

2nd copy - Defendant 3rd copy - Friend of the court

STATE OF MICHIGAN JUDICIAL CIRCUIT COUNTY
Court address

UNIFORM CHILD SUPPORT ORDER, NO FRIEND OF COURT SERVICES (PAGE 1)
EX PARTE TEMPORARY MODIFICATION FINAL Fax no.

CASE NO.

Court telephone no.

Plaintiff's name, address, and telephone no.

Defendant's name, address, and telephone no.

v

Plaintiff's attorney name, bar no., address, and telephone no.

Defendant's attorney name, bar no., address, and telephone no.

Plaintiff's source of income name, address, and telephone no.

Defendant's source of income name, address, and telephone no.

An order exempting this case from friend of the court services was entered on
(NOTE: If there is no order exempting this case from friend of the court services, form FOC 10/52 must be used.)

.

UNLESS OTHERWISE ORDERED in item 9: Standard provisions have been modified (see item 9). 1. The support obligation for a child continues until that child reaches age 18. The support obligation for a child continues thereafter until that child reaches age 19 years and 6 months, as long as the child is regularly attending high school full-time with a reasonable expectation of graduating, and the child is residing full-time with the support recipient or at an institution. Child care for a child continues through August 31 following that child's 12th birthday. The parties must notify each other of changes in child-care expenses and must additionally notify the friend of the court if the change ends those expenses. 2. Child Support. The payer has a monthly child-support obligation as follows: Payer: Payee: Support effective date: Children's names and birth dates: Children supported: 1 child 2 children 3 children 4 children Base support: (includes support plus or minus premium adjustment for health-care insurance) Support: $ $ $ $ Premium adjust. $ $ $ $ SS pymt. credit: $______________ $______________ $______________ $______________ 0.00 $ Total: $ 0.00 $ 0.00 0.00 $ Ordinary medical: $ $ $ $ Child care: $ $ $ $ Other: $ $ $ $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total: $ Support includes a parental-time offset using for .
Defendant

5 or more children $ $ $________________ $ 0.00 $ $ $ 0.00 $ overnights

overnights for

Plaintiff

and

The support provisions ordered above

do

do not

follow the child-support formula.

3. Insurance. For the benefit of the children, plaintiff defendant shall maintain health-care coverage through an insurer (as defined in MCL 552.602[o]) that includes payment for hospital, dental, optical, and other health-care expenses when that coverage is available through an employer or under an existing individual policy at the following reasonable cost: up to a maximum of $____________ for plaintiff. up to a maximum of $____________ for defendant. not to exceed 5% of the plaintiff's/defendant's gross income.
(See Page 2 for the remainder of the order.) MCL 552.14, MCL 552.517, MCL 552.517b(3), MCR 3.211 FOC 10a / 52a (7/08)

UNIFORM CHILD SUPPORT ORDER, NO FRIEND OF COURT SERVICES, PAGE 1

Approved, SCAO

Original - Court 1st copy - Plaintiff

2nd copy - Defendant 3rd copy - Friend of the court

STATE OF MICHIGAN JUDICIAL CIRCUIT COUNTY
Court address

UNIFORM CHILD SUPPORT ORDER, NO FRIEND OF COURT SERVICES (PAGE 2)
EX PARTE TEMPORARY MODIFICATION FINAL Fax no.

CASE NO.

Court telephone no.

Plaintiff's name

v

Defendant's name

4. Uninsured Health-Care Expenses. All uninsured health-care expenses exceeding the annual ordinary medical amount will be paid ______% by the plaintiff and _____% by the defendant. Uninsured expenses exceeding the annual ordinary medical amount for the year they are incurred that are not paid within 28 days of a written payment request may be enforced by filing a motion with the court. The annual ordinary medical amount is _____________________________________________ . 5.Qualified Medical Support Order. This order is a qualified medical support order pursuant to 29 USC 1169. Further details, as prescribed by 29 USC 1169(a)(3), are stated in item 9. 6. Retroactive Modification and Liens for Unpaid Support. Except as provided by MCL 552.603, support is a judgment the date it is due and is not modifiable retroactively. Unpaid support is a lien by operation of law and the payer's property can be encumbered or seized if an arrearage accrues in an amount greater than the periodic support payments payable for two months under the payer's support order. 7. Change of Address, Employment Status, Health Insurance. Both parties shall notify each other in writing, within 21 days of any change in: a) their mailing or residence addresses and telephone numbers; b) the names, addresses, and telephone numbers of their sources of income; c) their health-maintenance or insurance companies, insurance coverage, persons insured, or contract numbers; d) their occupational or drivers' licenses; and e) their social security numbers unless exempt by law pursuant to MCL 552.603. 8. Prior Orders. Except as changed in this order, prior provisions remain in effect. Support payable under any prior order is preserved. 9.Other: (Attach separate sheets as needed.)

IT IS SO ORDERED.
Date Judge Bar no.

Plaintiff (if consent/stipulation)

Date

Defendant (if consent/stipulation)

Date

Plaintiff's attorney

Date

Defendant's attorney

Date

Prepared by:

Name (type or print)

CERTIFICATE OF MAILING I certify that on this date I served a copy of this order on the parties or their attorneys by first-class mail addressed to their last-known addresses as defined in MCR 3.203.

Date FOC 10a / 52a (7/08)

Signature MCL 552.14, MCL 552.517, MCL 552.517b(3), MCR 3.211

UNIFORM CHILD SUPPORT ORDER, NO FRIEND OF COURT SERVICES, PAGE 2