Custody FAQs
A. The FOC office cannot help you with the immediate return of your child. You may submit a written complaint and request enforcement of the court order. However, if you want faster action, you may petition the court for immediate return, contact an attorney for legal advice, or seek assistance from legal aid.
Q. Will the FOC investigate alleged neglect or abuse of a child?
A. No. If you suspect neglect or abuse of a child, call Child Protective Services at 855-444-3911 any time day or night. This toll-free phone number allows you to report abuse or neglect of any child.
Q. My child is no longer living with the custodial parent. What can I do?
A. If the child is 17 or older, or living with you, you may submit a written statement regarding these circumstances and request that your support be abated/suspended. Suspending child support is only temporary and it does NOT change custody. If the child is not living with you, and you want to change custody and/or have the other parent pay support, you have to motion the Court for those changes.
Q. When can I change custody?
A. Child custody can be modified if there is proper cause or a change in circumstances. The modification must be in the best interests of the child. It is up to the party asking for the change to present evidence that a change has occurred or that there is proper cause, and that the proposed change is in the best interests of the child. See Changing Custody for more information.
Q. At what age can a child decide where he or she wants to live?
A. A child can decide where (s)he lives upon becoming an adult at age 18. Until then, the Court has jurisdiction.
Q. How do I get the court’s approval to move the children out of the state of Michigan?
A. If you or the other parent want to move, you may file a Motion Regarding Domicile/Legal Residence that asks the court to enter an order allowing you to move the children and the reasons for doing so. Filing a motion or notifying the Friend of Court that you intend to move the children does NOT allow you to move the children. You must obtain a court order approving the move.