CLARE COUNTY FOC

Q. Under What Circumstances should I contact the Office of Child Support?
A.  Contact the Office of Child Support [(866) 540-0008] if you:

225 West Main Street

P.O. Box 586

Harrison, Michigan 48625

Phone: (989) 539-9831

A. Changing custody or parenting time can be complicated if a child's parent is on active military duty. It may be difficult to find and serve papers on a service member stationed overseas. There are also state and federal laws that give people on active duty extra protections in civil cases. If a parent is deployed on military duty when the motion to change custody or parenting time is filed, the judge may stay (halt) the proceeding if either parent asks. Generally, while a parent is deployed, a court may not change custody or parenting time from what it was at the date of deployment. The only exception is when the court finds there is clear and convincing evidence that it is in the child’s best interests to change custody or parenting time. In this case, the court can enter a temporary order. If the court signs a temporary order, the deployed parent must notify the court within 30 days of when the deployment ends. The court will then reinstate the parenting time order that was in effect just before the deployment. The other parent may file a motion to change custody or parenting time after the deployed parent returns. The court cannot consider a parent’s absence due to deployment when weighing the best interests of a child. If you are filing to change custody or parenting time and the child’s other parent is on active military duty, you may want to seek legal advice. 

A. If your child’s other parent is incarcerated, let the court know as soon as possible. Contact the Department of Corrections to confirm the parent’s prison number and location. In your motion, state the following facts:

• That the other parent is incarcerated
• The other parent’s prison number
• The other parent’s location
• That a telephonic hearing is required by Michigan Court Rule (MCR) 2.004

The court must allow the other parent to participate in the hearing by phone, teleconference, or in person. You must notify the other parent about the motion hearing even if he or she is in prison or jail. Mail the papers to the jail or prison, complete a proof of service, and file the proof of service with the court.