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Michigan Request For Custody And Parenting Time Order Enforcement Package

State:
Michigan
Control #:
MI-FOC-4052
Format:
PDF
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Description

Request For Custody And Parenting Time Order Enforcement Package

The Michigan Request For Custody And Parenting Time Order Enforcement Package is a comprehensive set of documents and forms used to seek enforcement of a court-ordered custody and parenting time order. This package includes a Request for Enforcement, Order for Enforcement, Motion to Show Cause, Notice of Hearing, Affidavit of Service, and a Parenting Time Credit Worksheet. The package can be used to address a variety of issues, including failure to comply with the court order, requests for make-up time, and requests for credit for make-up time. There are two types of Michigan Request For Custody And Parenting Time Order Enforcement Packages: the standard package, and the Online Parenting Time Enforcement Package (OPTED). The OPTED is a web-based version of the standard package, designed to streamline the filing and enforcement process.

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FAQ

You cannot deny parenting time in Michigan without a court order. If you refuse parenting time to the other parent, you may be held in contempt of Court. Proper cause is always needed if you are denying parenting time in Michigan.

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.

Making Up Missed Visits The judge will always consider what is in the best interest of the child. If a parent misses visitation and wishes to make up those visits, a judge may approve. However, depending on the reasons why the parenting time was missed in the first place, the request may be denied.

To do this, you should file a Request for Parenting Time Enforcement (form FD/FOC 4052). A copy of the Order you are trying to enforce must be attached to the form. The form is available electronically (FD/FOC 4052) or at the Friend of the Court Information Services Department, 645 Griswold, Detroit MI 48226.

The FOC frequently recommends decisions on child support, parenting time, and custody. In Michigan, you cannot object to parenting time without a court order. If you refuse the other parent visitation time, you risk being found in contempt of court.

The parent who filed the complaint can also present evidence and request remedies. The judge or referee may issue new orders to address the situation or order civil contempt consequences, such as fines up to $100, driver's license and passport suspension or even jail time.

This means the mother has sole authority to make decisions for the child until there is a court order regarding custody. If the parents are unmarried and there is no court order in place, the mother does not need court permission to move with a child.

Enforcement If You Don't Have a Court Order Without a court order, police or the courts can enforce your custody agreement only if you believe your child is in immediate danger.

More info

This packet contains court forms and instructions to file to enforce a court order for parenting time. This Parenting Plan is a child custody determination for the purposes of the Uniform Child Custody.Parenting time enforcement is when a court uses one or several remedies to get a parent to comply with a parenting time agreement. These forms mean you have a court date. Information about child custody, filing, court process, enforcement and more. Contact the Friend of the Court and request that they initiate enforcement of the parenting time order. The forms for a joint modification must be filed together with the Joint Petition as a complete packet. The parenting time scheduled in the judgment is an enforceable court order. Each district court has specific local rules that may apply in your case. Check with the clerk of the district court in your county.

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Michigan Request For Custody And Parenting Time Order Enforcement Package