How to modify child custody and parenting time in Michigan

Sources last checked 4 November 2026. Information only, not legal advice.

Michigan divorce kit Modifying child support and spousal support in Michigan After your divorce: changing a support or custody order

The short version

In Michigan the Child Custody Act of 1970 lets the circuit court change an earlier custody or parenting-time order. Section 7(1)(c), MCL 722.27, says the court may modify or amend its previous judgments or orders “for proper cause shown or because of change of circumstances”, until the child reaches 18 (and, subject to a support-enforcement provision, until 19 years and 6 months). There is an extra hurdle if the change would alter the child’s established custodial environment: the court may not do that without “clear and convincing evidence that it is in the best interest of the child”. Parenting time has its own section, MCL 722.27a. The State Court Administrative Office publishes two forms for self-represented parties: FOC 87, Motion Regarding Custody, and FOC 65, Motion Regarding Parenting Time. For changing child support or spousal support instead, see modifying child support and spousal support in Michigan.

What must be shown

Threshold, MCL 722.27(1)(c). The order can be modified “for proper cause shown or because of change of circumstances”. The sections we read do not define either phrase, and we did not read case law on how courts apply them.
Established custodial environment, MCL 722.27(1)(c). The court must not change a child’s established custodial environment unless “clear and convincing evidence that it is in the best interest of the child” is presented. The statute says the environment is established if, over an appreciable time, the child naturally looks to the custodian for guidance, discipline, the necessities of life and parental comfort. The child’s age, the physical environment and the inclination of the custodian and the child as to permanency of the relationship are also considered.
Best interests, MCL 722.23. The court considers, evaluates and determines twelve listed factors, (a) to (l): the love, affection and emotional ties between the parties and the child; each party’s capacity and disposition to give love, affection and guidance and to continue the child’s education and religion or creed, if any; their capacity to provide food, clothing, medical care and other material needs; how long the child has lived in a stable, satisfactory environment and the desirability of continuity; the permanence, as a family unit, of the existing or proposed custodial home; the moral fitness of the parties; their mental and physical health; the child’s home, school and community record; the child’s reasonable preference, if old enough to express one; each party’s willingness and ability to facilitate a close and continuing relationship between the child and the other parent; domestic violence, whether or not directed against or witnessed by the child; and any other factor the court considers relevant. On the willingness factor, the statute says a court may not count against a parent any reasonable action taken to protect a child or that parent from sexual assault or domestic violence by the other parent.
Parenting time, MCL 722.27a. “Parenting time shall be granted in accordance with the best interests of the child”, and it is presumed to be in a child’s best interests to have “a strong relationship with both of his or her parents”. If the parents agree on parenting-time terms, the court “shall order the parenting time terms” unless it determines on the record, by clear and convincing evidence, that they are not in the child’s best interests. A child has “a right to parenting time with a parent” unless it is shown on the record, by clear and convincing evidence, that it would endanger the child’s physical, mental or emotional health.
Factors for parenting time, MCL 722.27a(7). The court may consider the child’s special circumstances or needs, whether the child is a nursing child, the likelihood of abuse or neglect or of abuse of a parent, the burden of travel on the child, whether a parent can reasonably be expected to follow the order, whether a parent has frequently failed to use parenting time, any threatened or actual detention of the child to keep the child from the other parent, and any other relevant factors.
Military deployment. Sections 722.27 and 722.27a contain special rules if a motion is filed while a parent is deployed or on active duty, including a right to apply for a stay and a rule that the court “shall not consider a parent’s absence due to that active duty status” in the best-interests decision.

What the form asks for

There are two court forms, depending on what you want changed. Each is a motion, not a petition to start a new case.

FOC 87, Motion Regarding Custody (form and instructions marked Rev. 6/18). The instructions say to use it if you have a pending case for custody, divorce, separate maintenance, family support or paternity, or you are a party with a custody order from one of those cases. They say you cannot use it “to start a custody case”, and that to change the child’s domicile to another state or more than 100 miles away you must use FOC 87 with form FOC 115, Motion to Change Domicile. The form asks for the case number and parties, the date of the judgment or order on custody (or a statement that there is none), who was ordered to have custody, who the children live with now and since when, and the facts under the heading “Proper cause exists or circumstances have changed as follows”. It also asks you to explain “which best interest factors under the Child Custody Act support this motion”, to say whether you and the other party agree on custody, support and parenting time, and to set out what you want the court to order. Longer answers go on separate sheets.
FOC 65, Motion Regarding Parenting Time (form marked Rev. 6/17). The instructions say to use it if you already have parenting-time orders and want the court to order or change parenting time. They say that to change custody you use FOC 87 and to change support you use FOC 52. The form asks whether there is a parenting-time order, whether the other party has disobeyed it (denied time, not used time, made changes without a court order, or not followed specific conditions), whether you have agreed on parenting time, why establishing or changing parenting time is in the child’s best interests, and what you ask the court to order.
With either motion: a completed Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC 416), a Notice of Hearing section on the motion, and a Certificate of Mailing.

Filing, notice and what happens next

Hearing date first: before you complete the Notice of Hearing, the instructions say to contact the friend of the court office to find out whom to contact about a hearing date, then contact that person or office.
Where to file: take the original and five copies of the motion, with the MC 416, to the county clerk in the county where your case is located. The clerk writes the name of the assigned judge on your form and returns four copies to you.
Serving the other party: mail the motion, the MC 416 and the notice of hearing to the other party by first-class mail. The instructions say the other party must be notified “at least 9 days before the hearing date”. Then complete the Certificate of Mailing and return to the clerk with two copies.
Response: the other party may file a response. The forms name FOC 88 as the response to a custody motion and FOC 66 as the response to a parenting-time motion.
The hearing: the instructions say “You must attend the hearing on the motion”. Bring the order form (FOC 89 for custody, FOC 67 for parenting time), supporting papers and any witnesses willing to testify. The instructions say you are responsible for preparing the order even if you do not get what you asked for.
If a referee hears it: the instructions say you have 21 days from the date of mailing of the referee’s recommendation to file an objection and ask for a de novo hearing before the judge, using form FOC 68.

Before you file

Filing fees: both instruction packets say “You must pay a $100.00 fee at the time of filing”. The packets are marked Rev. 6/18 (custody) and Rev. 6/17 (parenting time), and we did not check any current fee schedule, so confirm the amount with the county clerk. If you cannot afford the fees, the packets say to ask the county clerk for form MC 20, Affidavit and Order, Suspension of Fees/Costs.
Timing: if the change would move the child to another state or more than 100 miles away, you also need FOC 115, as above.
Agreement: if you and the other party agree, both motions have a section for describing what you agreed, and the statute tells the court to order agreed parenting-time terms unless it makes the findings above.
Changing child support or spousal support uses different rules. See modifying child support and spousal support in Michigan, and the Michigan divorce kit for the wider process.

What we could not confirm

The current form versions. The FOC 87 and FOC 65 files we read are marked Rev. 6/18 and Rev. 6/17. We did not check whether the court has issued later revisions.
Filing fees today. The $100.00 figure is what the instruction packets say. We did not read a current fee schedule.
The other forms. We did not open MC 416, FOC 89, FOC 67, FOC 88, FOC 66, FOC 68, FOC 115 or MC 20. We know them only as the FOC 87 and FOC 65 materials describe them.
Other statute sections. We read MCL 722.23, 722.27 and 722.27a. We did not read, for example, the provisions on joint custody, grandparenting time or a parent’s change of residence, so this page does not describe them.
How courts apply the test. We did not read case law, so we do not say what counts as proper cause or a change of circumstances, how a court decides whether a custodial environment is established, or whether parenting-time changes face the same threshold as custody changes.
Court rules and local practice. We did not read the Michigan Court Rules or any county’s local rules or friend of the court procedures, so we cannot say how mediation, investigations, referees or hearing schedules work in your county.
Statute currency. The Michigan Legislature site we read says its compiled laws are complete through PA 114 of 2026. The history notes on the three sections end in 2015 and 2016.

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