Fillable Instructions for Filing a Motion Regarding Custody (FOC87) (County of Otsego)

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Instructions for Filing a Motion Regarding Custody (FOC87) (County of Otsego)

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BROWSE COUNTY OF OTSEGO (MI) FORMS

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Instructions for Filing a Motion Regarding Custody (FOC87)
Otsego County Friend of the Court, 800 Livingston Blvd. Ste 1A Gaylord, MI 49735
Phone: (989)731-7450 Fax: (989)731-0226
This motion packet is used for those who wish to represent themselves in a court action regarding
custody. Carefully follow the instructions to avoid delays in the process.
The Case No., item (A) can be located on other court documents in your case. If you need additional
assistance with the case number, you may contact the Friend of the Court or Circuit Court Clerk’s
office.
The Plaintiff and Defendant on a case remain throughout the life of the case regardless of who files a
motion. The person who is filing the motion would check the ‘moving party’ box under item (B).
1.
Complete the Motion Regarding Custody form items (A)
– (J) based upon what you are asking
of
the court an
d why. Attach any additional information.
2. Call the F
riend of the Court Scheduling Clerk at (989)731-7471 to request a hearing date a
nd
time. Ask for the name of the Referee and the location addr
ess of the h
earing. Complete item (K)
Notice of Hearing on the
Motion form.
3. Sign and
Date under (L) Certificate of Mailing on the Motion form with the actual dat
e you are
serving/mailing the copy.
4. Make the appropriate
number of copies and mark the upper corner of the copies as follows:
Make three (3) copies of the completed Motion and any attachments. An additional copy may
be
necessary if
the other p
arty is represented by an attorney.
Mark one copy of each document, “FOC.”
Mark one copy, “Plaintiff or Defendant”, (the other party)
Mark one copy, to keep for yourself.
5. File the original Motion Regarding Custody form along with the Uniform Child Custody
Jurisdiction
Enforcement Act Affidavit (MC416) and all copies with the Circuit Court Clerk at 225 West Main Street
Gaylord, MI 49735. A filing and order entry fee of $100.00 is due at the time of filing.
If seeking a Fee Waiver, please contact FOC for the MC20 form and instructions prior to receiving
your hearing date and time. If a Fee Waiver (MC20) is approved, then contact the FOC Scheduling
Clerk. The Fee Waiver is to be presented to the Circuit Court Clerk along with the Motion form in
place of the filing fee. If the Order is not approved, you are responsible to pay the fee at filing.
6. Serve all other copies of the Motion. They are to be mailed on the date as reflected in the
Certificate of Mailing on the Motion and no later than 9 days prior to the date of hearing. If there are
less than 9 days before the hearing date, contact Friend of the Court to cancel the original hearing
date and schedule a new one, otherwise the Motion will simply be removed from the docket for the
original hearing date. Keep a copy of all documents for your records.
7. Appear for Court prepared and dressed appropriately at the location, date and time as reflected
on the Notice of Hearing (K) on the Motion form. Failure to attend the hearing may result in your
motion being dismissed by the Court
.
Instructions for Filing Uniform Child Custody Jurisdiction Enforcement
Act Affidavit (MC416)
Otsego County Friend of the Court, 800 Livingston Blvd. Ste 1A Gaylord, MI 49735
Phone: (989)731-7450 Fax: (989)731-0226
1.
Fill in the Case No. and Case name. The Case name is the name of the Plaintiff -vs- the
name of the Defendant.
2. Complete items 1 -
3.
3. Items 4-6 provide the informat
ion requested concerning any prior d
etermination by a court
regarding custody or parenting time, any pending proceedings, and any person claiming right
s of
legal or
physical custody or parenting time with the child(ren) other than a party in
this case.
Che
ck any of the boxes that apply
.
4. Under it
em 7, write the home st
ate of the child(ren)
5. Only check box 8. If appropriate.
6.
In front
of a Notary; sign name, print name, and complete your address.
7. The Not
ary is to complete the very bottom portion of the fo
rm.
8. Make th
e appropriate number of copies and mark the upper corner o
f the copies as follows:
Make thr
ee (3) copies of the completed Uniform Child Custody Ju
risdiction Enforcement Act
Affidavit (MC416). An
additional copy may be necessary if the other party is represented by an
attorney.
Mark one copy of each document, “FOC.”
Mark one copy, “Plaintiff or Defendant”, (the other party)
Mark one copy, to keep for yourself.
9. The original
Uniform Child Custody Jurisdiction Enforcement
Act Affidavit (MC416) is to be
filed
with the original Motion Regarding Custody form and all copies with the
Circuit Court Clerk at
225 West Main Street Gaylord, MI 49735.
10. Keep
a copy of all documents for your records.
For additional information:
www.michiganlegalhelp.org
CHILD CUSTODY ACT OF 1970 (EXCERPT)
Act 91 of 1970 722.23 "Best interests of the child" defined.
Sec. 3 As used in this act, "best interests of the child" means the sum total of the following factors to
be considered, evaluated, and determined by the court:
(a) The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance
and to continue the education and raising of the child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical
care or other remedial care recognized and permitted under the laws of this state in place of medical
care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of
maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to
express preference.
(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing
parent-child relationship between the child and the other parent or the child and the parents. A court
may not consider negatively for the purposes of this factor any reasonable action taken by a parent to
protect a child or that parent from sexual assault or domestic violence by the child's other parent.
(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the
child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.
FOC 87 (6/18) MOTION REGARDING CUSTODY
MCL 722.21 et seq., MCR 2.119, MCR 3.213
Plaintiff’s name, address, and telephone no. moving party
v
Defendant’s name, address, and telephone no. moving party
Third party name, address, and telephone no. moving party
B
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
MOTION REGARDING CUSTODY
CASE NO.
Court address Court telephone no.
A
1. a. On
Date
a judgment
or order was entered regarding custody.
b. There is currently no order regarding custody.
2. Attached is a completed Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC 416).
3. The plaintiff defendant third party was ordered to have custody of the following child(ren):
4. The child(ren) have been living with
Name(s)
at
Complete address
since
Date
.
5. Proper cause exists or circumstances have changed as follows:
Use a separate sheet to explain in detail what has happened and attach. Include all necessary facts.
6. It is in the best interests of the child(ren) to establish or change custody for the following reasons:
Use a separate sheet to explain in detail which best interest factors under the Child Custody Act support this motion and attach. Include all necessary facts.
7.
Name
and I agree to custody, support, and parenting time as follows:
Use a separate sheet to explain in detail what you have agreed on and attach. Include all necessary facts.
8. I ask the court to order that custody, parenting time, and support be as follows:
Use a separate sheet to explain in detail what you want the court to order and attach.
Date
Moving party’s signature
A hearing will be held on this motion before
Judge/Referee Bar no.
on
Date
at
Time
at
Location
.
If you require special accommodations to use the court because of a disability or if you require a foreign language interpreter to
help you fully participate in court proceedings, please contact the court immediately to make arrangements.
Note: If you are the person receiving this motion, you may file a response. Contact the friend of the court office and request form FOC 88.
I certify that on this date I served a copy of this motion, a Uniform Child Custody Jurisdiction Enforcement Act Affidavit
and notice of hearing on the parties or their attorneys by first-class mail addressed to their last-known addresses as
defined in MCR 3.203.
Date
Moving party’s signature
NOTICE OF HEARING
CERTIFICATE OF MAILING
L
K
J
I
H
G
F
E
D
C
46th
Otsego
800 Livingston Boulevard Ste 1A Gaylord, MI 49735
(989)731-7450
Form Instructions
CASE NAME:
1. The name and present address of each child (under 18) in this case is:
2. The addresses where the child(ren) has/have lived within the last 5 years are:
3. The name(s) and present address(es) of custodians with whom the child(ren) has/have lived within the last 5 years are:
4. I do not know of, and have not participated (as a party, witness, or in any other capacity) in any other court decision, order, or
proceeding (including divorce, separate maintenance, separation, neglect, abuse, dependency, guardianship, paternity,
termination of parental rights, and protection from domestic violence) concerning the custody or parenting time of the child(ren),
in this state or any other state, except: Specify case name and number, court name and address, and date of child custody determination, if one.
5. I do not know of any pending proceeding that could affect the current child custody proceeding, including a proceeding for
enforcement or a proceeding relating to domestic violence, a protective order, termination of parental rights, or adoption, in this
state or any other state, except: Specify case name and number, court name and address, and nature of the proceeding.
That proceeding is continuing. has been stayed by the court.
Temporary action by this court is necessary to protect the child(ren) because the child(ren) has/have been subjected to or
threatened with mistreatment or abuse or is/are otherwise neglected or dependent. Attach explanation.
6. I do not know of any person who is not already a party to this proceeding who has physical custody of, or who claims rights of
legal or physical custody of, or parenting time with, the child(ren), except: State name(s) and address(es) of each person.
7. The child(ren)'s "home state" is . See back for definition of "home state."
8. I state that a party's or child's health, safety, or liberty would be put at risk by the disclosure of this identifying information.
I have filled this form out completely, and I acknowledge a continuing duty to advise this court of any proceeding in this state or
any other state that could affect the current child-custody proceeding.
Subscribed and sworn to before me on , County, Michigan.
My commission expires: Signature:
Notary public, State of Michigan, County of
MC 416 (3/08) UNIFORM CHILD CUSTODY JURISDICTION ENFORCEMENT ACT AFFIDAVIT
MCL 722.1206, MCL 722.1209
Approved, SCAO
STATE OF MICHIGAN
JUDICIAL CIRCUIT
PROBATE COURT
COUNTY
CASE NO.
UNIFORM CHILD CUSTODY JURISDICTION
ENFORCEMENT ACT AFFIDAVIT
Court address Court telephone no.
Original - Court
1st copy - FOC (if applicable)
2nd copy - Defendant/Respondent
3rd copy - Plaintiff/Petitioner
Address of affiant
Name of affiant (type or print)
Signature of affiant
Date
Date
46th
Otsego
800 Livingston Boulevard Ste 1A Gaylord, MI 49735
(989)731-7450
"Home state" means the state in which the child(ren) lived with a parent or a person acting as a parent for at least 6 consecutive
months immediately before the commencement of a child-custody proceeding. In the case of a child less than 6 months of age,
the term means the state in which the child lived from birth with a parent or person acting as a parent. A period of temporary
absence of a parent or person acting as a parent is included as part of the period.
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Instructions for Filing a Motion Regarding Custody (FOC87) (County of Otsego)

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Completed 9 August 2020

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