This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Michigan USLegal Guide to Temporary Custody
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Multi-State
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US-GDE-05
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Word;
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FAQ
Temporary orders Soon after opening a case, parents meet with their Friend of the Court (FOC) case manager to discuss a temporary order. If parents agree on terms, the case manager prepares the temporary order for them to sign.
Submit Your Forms to Open the Case Turn in your signed and copied forms to the clerk's office, and pay the filing fee (usually $250) or file your fee waiver request. You have now officially opened your case. Your case will be referred to the Friend of the Court, and each county has different procedures.
A temporary order is usually in effect until the final order is entered at the end of the case. Michigan Legal Help cannot help you ask for a temporary order. You may want to consider getting a lawyer's help to ask the judge for a temporary order if you think you need one.
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.
When Can a Child Refuse Visitation in Michigan? Until children turn 18 or become legally emancipated, they don't have the right to refuse visitation that's required under a court's custody order. Both children and their parents must comply the order.
Step 2: Complete your forms Complaint (State your type of case, detail the parenting schedule and parenting plan you want, and explain why your requests are in the children's best interests.) Verified Statement. Friend of the Court Questionnaire. Uniform Child Custody Jurisdiction Enforcement Act Affidavit.
The Probate Court can appoint a temporary guardian through application if the following are met: A guardianship has not been established in Michigan. The proposed guardian files an Application and order for Appointment of Out-of-State Guardian of a minor (PC 684).
At the very least, neglect would be a significant possibility. Drug abuse is grounds for emergency child custody. Child Abuse: In any instance, child abuse is never acceptable. This is the most common reason for emergency child custody.