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I think that my child is being abused/neglected during parenting time spent with the other parent. What should I do? The Friend of the Court office has no authority to investigate abuse and neglect allegations. These types of concerns should be reported to Child Protective Services for investigation. Only Child Protective Services has the authority to remove a child from the home of a person who commits or allows mistreatment.
The other party and I are in agreement regarding child support, parenting time and custody, and do not wish to use the Friend of the Court. Do we have to utilize the Friend of the Court Service?
How do I get a child support case started?
Do I have to have an attorney to file a Motion Regarding Parenting Time, Support or Custody? The FOC can not file a motion, provide an attorney or complete the paperwork for you. These forms are also available on the Forms page of this website.
My order states that I have “reasonable” parenting time. What does that mean?
The non-custodial parent is not paying support as ordered. Can I withhold parenting time?
The other party is not following our parenting time provisions. What can I do? You may wish to review the enforceable / non-enforceable provisions of your parenting time order. This is available on the Forms page of the website. If your complaint is an enforceable provision, you will want to File a Parenting Time Complaint at the FOC office within 56 days of the incident. This form is also found on the FOC website on the Forms page. The FOC starts enforcement by sending a copy of the written complaint to the accused party within 14 days after the FOC office receives the complaint. If the FOC office determines that the order has been violated, “make up parenting time” may be suggested, mediation may be scheduled, or action started that requires the party to show cause why the court should not find the party in contempt. You also have the option of filing a Motion Regarding Parenting Time requesting a change in your parenting time provisions.
The other party never returns clothing or other personal items after parenting time. What can I do? The FOC can only enforce the court’s written order, therefore, if your order does not mention return of personal items we can not enforce it. We encourage you to contact the other party directly and try to work these situations out. You may also file a Motion Regarding Parenting Time asking the court to modify the order.
The other party never exercises his/her parenting time. Can you enforce that he/she see the child(ren)? No. The FOC office can not force a parent to see his/her children. To promote a positive relationship with the children and the other parent, you may wish to consider counseling, mediation or file a motion to change the parenting time order.
My children do not want to visit with the other parent. Do I have to make them go? You must obey the court order regardless of the child’s age and preferences. Each parent must try to promote a positive loving environment for the child(ren) and the other parent. You may want to try counseling for you, the child and/or the other parent; talk to the other parent to see if other arrangements can be made; or file a Motion Regarding Parenting Time.
I believe the other party is using drugs and/or under the influence of alcohol. Do I have to allow the children to go with parent for scheduled parenting time?
Who has to provide medical coverage for the minor child (ren)?
My employer is deducting insurance premiums from my paycheck and I cannot afford it.
I pay child support and an amount toward ordinary medical each week. Why should I have to pay for annual ordinary medical through my employer?
The other party and I agree that I will carry the insurance as it is available at a reasonable cost or no cost to me. Does the other party still have to carry insurance?
What can I do to pursue a felony warrant?
My support is the same as it was when I divorced years ago. What can I do to have my support reviewed? written request from one of the parties. The support review process can take between 4-6 months to complete. If you need an immediate review in the support amount due to a change in your income or the other parent’s income you should file a Motion Regarding Support.
Can I continue receiving support if my child goes to college?
I want to take my children and move out of state for a new job. What must I do?
Can the Friend of the Court assist parties in reaching an agreement regarding custody?
My court order says to pay support through the Michigan State Disbursement Unit. May I pay the other parent directly? No, not unless your order specifically allows direct payments. If it does not, you might not receive credit for payments made directly to the other parent.
If I am receiving TANF or Department of Human Services public assistance, may I also receive child support? No. The Michigan State Disbursement Unit must send any support payments that it receives from the other parent to the Department of Human Services to offset the public assistance that you receive from the Department of Human Services.
Will the Friend of the Court make sure that child support money is spent on the children? No. The law does not authorize the Friend of the Court to verify how child support payments are spent by the custodial parent. However, the court may change the custody or support arrangements if you can show that the custodial parent has neglected the children’s needs by misusing your support payments.
Why won’t the Friend of the Court enforce what the judge said in court, even if it’s not in the written order?
May I see my child’s school, medical and other records if my child lives with the other parent? Michigan law gives both parents the right to see certain records regardless of the custody arrangement. That includes medical, dental, school and the day care records. In addition, both parents are entitled to receive advance notice of meetings that concern their child’s education. However the Friend of the Court cannot enforce that law. You may wish to consult an attorney if you are denied any of these rights.
How do I file a complaint against the Friend of the Court? The Friend of the Court Act includes a grievance process. You may use it to complain about a Friend of the Court office operation or employee. Depending on the subject of your grievance and when you file it, you will receive a response from the Friend of the Court or the Chief Judge. You can obtain a grievance form at the Friend of the Court office or at www.courts.mi.gov/. Within 30 days, the Friend of the Court must investigate your grievance and respond in writing or explain why a response can not be provided within that time. If you are not satisfied with the Friend of the Court response, you may file the same grievance with the chief circuit court judge.
This page orginated on
September 13, 2010
and was last modified on
February 11, 2011
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