Form Foc – Fill Out and Use This PDF

In A, before you fill in the Case No., get your court papers for custody, divorce, separate maintenance, family support or paternity and copy the Case No. from those court papers onto this form.

In B, use your court papers to fill in the "Plaintiff" and "Defendant" boxes and, if applicable, the "Third Party" box. Copy the names from these court papers onto this form.

You are the "moving party." Once you have written the names where they belong, you must check the box "moving party" in the same box as your name.

In C, check only one box. If you have a judgment or order for custody, divorce, separate maintenance, family support, or paternity, read it carefully to find out if there is any information in it about custody. If there is information about custody, check box a. If there is no information about custody, check box b.

Next to box a, enter the Date a judgment or order was entered regarding custody.

In D, check this box only if you checked box a in C. Read your court papers for custody, divorce, separate maintenance, family support, or paternity to find out who was ordered to have custody. Write this information along with the name(s) of the child(ren).

In E (EState), write who the child(ren) are living with now, the address or location where the child(ren) are living, and the date the child(ren) started living there even if it is different than what was ordered.

In H, check this box and enter the Name if you and the other party agree about custody. Explain in as much detail as possible what you agreed to including support and parenting time.

Enter the Date and sign on the Moving party's signature line.

Before filling out the "Notice of Hearing" part of the form, contact the friend of the court office to find out whom to contact about getting a hearing date. Then contact the person or office as directed by the friend of the court office.

In K, once you get a hearing scheduled, fill in the full name of the judge or referee who will be hearing this motion, the date of the hearing, the time of the hearing (include whether it is a.m. or p.m.), and the place of the hearing.

In L, on the date you mail one copy (and the separate sheets) to the other party, write in the date and sign your name on the remaining three copies.

By signing the Certificate of Mailing you certify that on this date you 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.

The county clerk will write the name of the judge assigned to your case on your form.

The clerk will keep the original and one copy of the motion, MC 416 and any attachments for the court file and the friend of the court. Then the clerk will return four copies and remaining attachments to you.

Serve the Motion, MC 416 and Notice of Hearing on the other party. Serve the papers by mailing them to the other party by first-class mail.

Mail one copy with attachments and MC 416 to the other party. If there is a custodian or guardian, mail one copy with attachments and MC 416 to them.

Once you have mailed the motion and notice of hearing and MC 416 and filled out the Certificate of Mailing on the remaining three copies of FOC 87, return to the county clerk's office with two copies.

The county clerk will deliver one copy to the friend of the court.

Go to the judge's courtroom or referee's hearing room on the scheduled day and time.

Arrive 10 or 15 minutes early.

If your hearing is held before a referee and you do not agree with the referee's decision, you have 21 days from the date of mailing of the referee's recommendation to file an objection and request a de novo hearing before the judge. Use the packet FOC 68, "Objection to Referee's Recommended Order."

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.

The other parent, or other party (if there is a custodian or guardian other than a parent) must be served with (notified of) the motion and hearing date at least 9 days before the hearing date.

Take the original and five copies of the form and MC 416 to the county clerk in the county where your case is located.

You must pay a $100.00 fee at the time of filing (checked November 2, 2026). If you can't afford to pay the fees, ask the county clerk for an Affidavit and Order, Suspension of Fees/Costs (form MC 20 not included in this packet) to fill out.

Do not use this form to start a custody case; or if you are a third party and want to intervene to get custody of the child(ren) in a pending case for custody, divorce, separate maintenance, family support, or paternity; or to change domicile of the child(ren) to another state or more than 100 miles away. If you want to change custody and domicile, you must use this form and form FOC 115, Motion to Change Domicile.