Fillable MOTION TO CHANGE CUSTODY (Third Judicial Circuit of Michigan)

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MOTION TO CHANGE CUSTODY (Third Judicial Circuit of Michigan)

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FD/FOC 4018 i Revised 8/7/2020
MOTION TO CHANGE CUSTODY
USE THIS SET OF FORMS IF:
•
You still have at least one child on this case that is under 18 years old
•
You want to change physical custody of the child(ren) in your case [where the child(ren) live
mos
t of the time]
•
You want to change legal custody of the child(ren) in your case (i.e. having the legal right to
take part in major life decisions about the child(ren)).
Please be advised that your motion will be denied if you do not provide proof of proper cause or a
change in circumstances which has occurred since the entry of your last Custody Order.
T
his Motion must be electronically filed at the Wayne County Clerk’s Office. It will cost you $100.00 to
file this motion (unless fees are waived – see below). You must pay the fee online at www.govpaynow.com
and
use Pay Location Code 6223. Proof of this payment must be submitted along with your Motion and any
attachments when you file.
If you cannot afford the filing fee, you can ask the Chief Judge for an Order waiving the filing fee. The Fee
Waiver forms are available here. You must provide a copy of your State-issued photo ID card and proof of
income and/or public assistance. Submit your Fee Waiver request, ID, and proof of income/public assistance
to
filings@3rdcc.org. You must submit this document AND receive back your approved Fee Waiver prior to
filing your Motion. Your approved Fee Waiver must be submitted as a separate pdf when filing your Motion.
Failure to submit all of this documentation will result in a denial or rejection of your filing. You cannot obtain a
Fee Waiver by mail.
INSTRUCTIONS:
1. Fill out pages 1 through 3 – Motion to Change Custody and Worksheet. USE BLACK OR BLUE INK
O
NLY.
2. Write your Case Number in the upper right corner of every page.
3. Attach a complete copy of your most recent child custody, parenting time and support order(s) t
o
y
our forms. You might have more than one Order or Judgment that talks about all three issues, or y
ou
m
ay have more than one Order.
FD/FOC 4018 ii Revised 8/7/2020
4. Make 3 sets of copies of pages 1 through 3 if you are filing by mail. Make 1 copy of pages 1 through 3 if
you are filing online.
5. Always keep a copy of every paper you file with the Court and bring your copies with you to the hearing.
6. To get a Court date, you need to file the motion properly with the Court.
IF YOU ARE FILING ONLINE (RECOMMENDED):
1. E-mail your motion with attachments and your receipt of payment of the filing fee (or signed Order
waiving filing fees) to filings@3rdcc.org.
Every document must be in pdf format and be separate
attachments to your email. When filing a Motion, the Motion, Brief, Notice of Hearing, and Proof of
Service can be filed as one single pdf document. All other documents, including fee waivers
and
f
iling payment receipts, must be filed as separate documents.
2. You must monitor your case on Odyssey Public Access at www.3rdcc.org/OPA to confirm when
your motion has been filed with the County Clerk’s office. Please allow at least 48 hours for your
motion to be filed.
3. When you have confirmed that the motion has been filed with the County Clerk’s office, you must
submit a Friend of the Court ePraecipe at https://www.3rdcc.org/efiling/epraecipe
to schedule your
motion for hearing before the referee assigned to your case.
4. Once you have submitted the ePraecipe, you will receive a completed copy back with your hearing
dat
e on it. Please note that the final hearing date may be different from what was requested on t
he
ePraecipe, due to Court availability.
IF YOU ARE FILING BY MAIL:
1. Mail your original forms, 3 sets of copies and a money order or certified check for the filing fees to: Wayne
County Clerk, 2 Woodward Ave, Room 201, Coleman A. Young Municipal Center, Detroit, MI 48226.
2. Keep copies of everything you mail to the Court.
3. Include a Self-Addressed Stamped Envelope and a letter asking the County Clerk to mail you a receipt
and
a c
opy of your motion stamped “filed.”
4. You will receive your hearing date by mail.
QUESTIONS?
For questions regarding filing, please visit: http://www.3rdcc.org/divisions/family-domestic/emergency-and-non-
emergency-filings. You may also call the Wayne County Friend of the Court at (844) 785-7593 or email
CustomerService@3rdcc.org.
Failure to complete all of the above steps may result in delay or dismissal of your motion.
T
he Court is required by law to use the Michigan Child Support Formula to set the child support
amount, unless the Court finds that application of the formula would be unjust or inappropriate.
FD/FOC 4018 1 Revised 8/7/2020
STATE OF MICHIGAN
THIRD JUDICIAL CIRCUIT
WAYNE COUNTY
MOTION
TO CHANGE CUSTODY
CASE NO.
HON.
Please print or type information
Plaintiff name, address, telephone no., and email address
Attorney name, address, telephone no., and email address
This party is incarcerated and a telephone hearing is required.
_________________
____________________________________
Prisoner ID# Department of Corrections’ Prison Name
Defendant name, address, telephone no., and email address
Attorney name, address, telephone no., and email address
This party is incarcerated and a telephone hearing is required.
_________________
____________________________________
Prisoner ID# Department of Corrections’ Prison Name
1. A Judgment of Divorce or an Order was entered in this case providing for custody of the following
child(ren) (You must attach a copy of the Judgment or Order establishing custody.)
Child(ren) name:
Who does child(ren) currently live with and since
when:
2. Custody should be changed because there is proper cause or a change of circumstances. (Attach
Required Worksheet and additional sheets if necessary.)
3. I am reque
sting the court to change custody as follows, and I ask that the court order parenting time
to the other party as follows: (Attach additional sheets if necessary.)
JOINT LEGAL JOINT PHYSICAL SOLE LEGAL SOLE PHYSICAL
Mother Mother Mother Mother
Father Father Father Father
PARENTING TIME:
We have agreed to custody and parenting time as stated in #3 above.
I declare that the above statements are true to the best of my information, knowledge and belief.
__ /____ /
Signature of Plaintiff Date Signature of Defendant Date
F
D/FOC 4018 2 Revised 8/7/2020
PLEASE BE ADVISED THAT YOUR MOTION WILL BE DENIED IF YOU DO NOT
PROVIDE PROOF OF PROPER CAUSE OR A CHANGE OF CIRCUMSTANCES
WHICH
HAS OCCURRED SINCE THE ENTRY OF YOUR LAST CUSTODY ORDER
WORKSHEET FOR REQUEST TO CHANGE CUSTODY:
BEST INTERESTS OF THE CHILD(REN) FACTORS
The Court must decide if the facts of your case are enough under the law to consider changing
custody. The Court will consider the following factors to decide if the change you are asking for will
be in the best interest of your child(ren). Please write out all of the facts that you think prove each of
the factors in this worksheet. Write in the blank next to each factor. Some factors can be left blank if
you do not have any facts that apply to them. If you have documents t
hat prove you
r facts, please
attach copies. Use extra pages if necessary.
FACTOR
MY FACTS
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.
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 the continuity.
e) The permanence, as a family unit, of the
existing or proposed custodial home or homes.
F
D/FOC 4018 3 Revised 8/7/2020
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.
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.
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MOTION TO CHANGE CUSTODY (Third Judicial Circuit of Michigan)

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Completed 30 June 2021

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