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In order to change custody in Michigan one must first show proper cause or a change of circumstances, then if the court agrees that there is proper cause or a change of circumstances, the court must evaluate the statutory best interest factors to determine if it should change custody.
An ex parte request is decided by the court without a hearing. The opposing parent has 14 days following notification to submit an objection. They can ask for a hearing if the request is approved. In contrast, the parent who submitted the ex parte motion has 21 days to object.
As an alternative to the FOC process, parents can file a motion requesting temporary custody when they open or respond to a case. The court will schedule a motion hearing, in which a judge or domestic relations referee issues a temporary order after parents present evidence arguing for their proposed arrangement.
A party who is filing for custody or has already been granted custody of a minor child can ask the court to issue an emergency ex parte order of custody or parenting time, When s/he believes there is an immediate and present risk of physical danger or psychological harm to the child.
To change any other custody order, you can use the Motion Regarding Custody on the Michigan One Court of Justice website. If the other parent agrees to the change, be sure to check the box on question number seven to tell the judge that you and the other parent agree to the changes.