How to File a Motion to Modify Custody in Michigan: A Step-By-Step Guide for Kalamazoo County Fathers

# How to File a Motion to Modify Custody in Michigan

When your current custody order no longer serves your family, you need to take action. Michigan law allows custody orders to be changed, but the process requires specific steps that fathers must follow correctly.

This guide walks you through exactly how to file a motion to modify custody or parenting time in Kalamazoo County family court.

When Can You Request a Custody Change

Your existing custody order stays in effect until a judge signs a new order. You cannot simply decide to change the schedule on your own.

You have two main paths to a custody change:

1. Both parents agree to the change - This is the easier route, though you still need the judge to sign off on the new arrangement
2. One parent disagrees - You must file a motion and prove to the judge that a change is necessary

The Proper Cause Standard

If the other parent does not agree, you must demonstrate proper cause or a change in circumstances to the judge.

According to Michigan Legal Help:

A judge can only reconsider an existing custody order (except a short-term or temporary order) if there has been proper cause or a change in circumstances. Proper cause or a change in circumstances must be significant for the judge to consider changing custody.

This is not about normal changes in your children's lives as they grow older. It requires something significant that happened after the last custody order was entered.

#### Examples of Proper Cause or Change in Circumstances

• A parent is absent from the home
• A parent has begun abusing drugs or alcohol
• A parent is routinely not providing proper care for a child
• A parent has abused or neglected a child

• A parent's financial problems (these should be addressed through increased child support)
• A child's normal changes in needs and desires as they grow older
• A child's desire to change custody

Step 1: Gather Your Evidence

Before filing your motion, collect documentation that proves your case. This might include:

• Police reports if there were incidents of missed parenting time
• Text messages or emails showing communication about scheduling
• School records showing your involvement
• Medical records if there are health concerns
• Witness statements from teachers, coaches, or neighbors
• Documentation of any changes in your living situation or work schedule

The more evidence you have, the stronger your case will be at the hearing.

Step 2: File the Correct Form

Michigan uses standardized forms for custody modifications. The primary form is the Motion Regarding Custody available through the Michigan One Court of Justice website.

• https://www.courts.michigan.gov

Filling Out the Motion

When completing the Motion Regarding Custody form:

1. Check the box on question number seven if you and the other parent agree to the changes
2. Clearly describe what change you want (more parenting time, different schedule, etc.)
3. Explain why the change is necessary
4. Include references to the 12 best interests of the child factors that support your request
5. Attach your evidence as exhibits

Fee Requirements

The court will charge a fee to file your motion. If you receive public assistance or cannot afford to pay, you can request a fee waiver using the Do-It-Yourself Fee Waiver tool.

Step 3: Serve the Other Parent

After filing your motion with the court, you must serve the other parent with a copy.

According to Michigan Legal Help:

You must mail a copy to the other party at least five days before the hearing, or give it to them in person at least three days before the hearing.

• Mail the documents via certified mail
• Deliver them in person
• Use a process server

Keep proof of service for the court file. You will need to file a Proof of Service form with your motion.

Step 4: File a Written Response (Optional but Recommended)

You may want to file a written response even if you agree with changing custody. This gives the judge advance notice of your position and shows you are engaged in the process.

Use the Response to Motion Regarding Custody form from the Michigan One Court of Justice website.

Important Deadlines

• File your written response with the court clerk at least three days before the hearing
• Mail a copy to the other party at least five days before the hearing
• You can also give the response in person at least three days before the hearing

Make sure to follow the instructions that come with the Response form.

Step 5: Schedule a Hearing

Your motion will be scheduled for a hearing in Kalamazoo County family court. The hearing date will be included in the notice you serve to the other parent.

If you cannot attend the hearing on time and there is proof in the court file that you were served, the judge may hold the hearing without you. This means the judge can change custody without your input.

Step 6: Attend the Hearing

• Multiple copies of your motion and exhibits
• Your proof of service
• Any additional evidence you want to present
• Your written response if you filed one

• Why you want the change
• How the change benefits your child
• Your ability to comply with the new order
• Any concerns the other parent might have

The 12 Best Interests of the Child Factors

The judge will evaluate your motion based on the 12 best interests factors outlined in the Michigan Child Custody Act (MCL 722.21).

• The wishes of the child
• The interaction and interrelationship of the child with parents and siblings
• The child's adjustment to home, school, and community
• The mental and physical health of all individuals involved
• Whether one parent has engaged in domestic violence

Your motion should address as many of these factors as possible to show the judge why your requested change serves your child's best interests.

What Happens After the Hearing

• Grant your motion and issue a new custody order
• Deny your motion and keep the current order in place

If the judge grants your motion, you will receive a new custody order specifying the exact parenting time and responsibilities.

If the judge denies your motion, you may have grounds to appeal, but only within 21 days of the decision.

Common Mistakes to Avoid

Based on the process described in Michigan court resources, here are errors fathers commonly make:

1. Filing too late - Ensure you meet all deadlines for serving documents
2. Not proving proper cause - Remember that normal changes do not qualify
3. Poor evidence organization - Keep your exhibits clearly labeled and referenced in your motion
4. Missing the hearing - Attendance is mandatory if you were properly served
5. Ignoring service requirements - You cannot skip serving the other parent
6. Using the wrong form - Stick with the Michigan One Court of Justice approved forms
7. Not requesting fee waivers when needed - Use the Do-It-Yourself Fee Waiver tool if you qualify

Resources for Kalamazoo County Fathers

If you need help with your motion, consider these options:

• Michigan Legal Help - Free legal information and self-help resources
• Kalamazoo County Legal Aid - Free or low-cost legal assistance for qualifying families
• Law firm consultations - Many family law firms offer initial consultations
• Court self-help centers - Available at many Michigan courthouses

Final Thoughts

Filing a motion to modify custody in Michigan requires patience, preparation, and attention to detail. The process is designed to ensure that changes serve the best interests of the child while giving both parents an opportunity to be heard.

If you believe your current custody order no longer works for your family, take the time to gather your evidence, follow the proper procedures, and present your case clearly to the judge.

The information in this guide comes from official Michigan court resources and legal guides designed to help fathers navigate the family court system.