Michigan Divorce With Children — Friend of the Court, Custody, and Support (2026)

When a Michigan divorce involves minor children, the process is significantly different from a childless divorce. Two facts change everything:

  1. The mandatory wait period triples — 60 days becomes 180 days when minor children are involved
  2. The Friend of the Court (FOC) is automatically part of your case — an office of the Circuit Court that monitors, calculates, recommends, and enforces everything related to custody, parenting time, and child support

Understanding the FOC is essential to navigating a Michigan divorce with children.

Disclaimer: This is general legal information, not legal advice. Custody and support decisions have significant long-term consequences. Consult a licensed Michigan family law attorney if you have any doubts.

The Friend of the Court (FOC)

The Friend of the Court is an office of the Family Division of the Circuit Court, established by the Friend of the Court Act (MCL 552.501 et seq.). Every county in Michigan has a FOC office. When your divorce involves minor children, the FOC is automatically assigned to your case.

What the FOC does during the divorce:

  • Reviews the proposed custody, parenting time, and child support arrangements
  • Conducts investigations when parents can't agree (including interviewing parents and sometimes children)
  • Issues Interim Recommendations for custody, parenting time, and support
  • If parties disagree with recommendations, holds a FOC hearing

What the FOC does after the divorce:

  • Maintains and enforces child support orders
  • Monitors compliance with parenting time orders
  • Handles motions to modify support and parenting time
  • Can suspend driver's licenses, intercept tax refunds, and take other enforcement actions for non-payment of support

FOC fee: A service fee is charged at filing, paid by the plaintiff. Amount varies by county ($80–$150 typical). The defendant may also be assessed a fee.

Opting out of some FOC services: Parties who fully agree on custody, parenting time, and support may be able to opt out of certain FOC services (not enforcement) by filing the appropriate FOC opt-out form (FOC 86/86a). Ask the Clerk about opt-out eligibility in your county.

Custody in Michigan

Michigan law recognizes two types of custody:

Legal Custody

Authority to make major decisions about the child's education, healthcare, religious upbringing, and extracurricular activities.

  • Joint legal custody: Both parents share decision-making authority (most common in agreed divorces)
  • Sole legal custody: One parent has full decision-making authority

Physical Custody

Where the child primarily lives and which parent the child spends day-to-day time with.

  • Joint physical custody: Child spends substantial time with both parents (may be equal or near-equal)
  • Primary physical custody (with one parent): Child lives primarily with one parent; the other has parenting time
  • Sole physical custody: Child lives with one parent; the other has limited or supervised parenting time

Parenting time: Michigan courts prefer the term "parenting time" (not "visitation") for the non-primary parent's scheduled time with the child.

The Best Interest Factors

All Michigan custody decisions are based on the best interests of the child under MCL 722.23, which lists twelve specific factors:

  1. Love, affection, and emotional ties between parents and child
  2. Capacity and disposition to give the child love, affection, and guidance
  3. Capacity to provide the child with food, clothing, and medical care
  4. Length of time the child has lived in a stable environment
  5. Permanence of the family unit of the proposed custodial home
  6. Moral fitness of the parties
  7. Mental and physical health of the parties
  8. The child's school, home, and community record
  9. The reasonable preference of the child (if the court considers the child of sufficient age)
  10. Willingness and ability of each parent to facilitate and encourage a close relationship with the other parent
  11. Domestic violence by either parent
  12. Any other factor considered relevant by the court

If the parents agree on custody, the judge still reviews the agreement against these factors. For most agreed divorces, the judge simply ensures the arrangement appears reasonable.

What to Include in Your Parenting Plan

Your parenting plan (part of the Settlement Agreement) must be specific. Vague terms like "reasonable parenting time" are unenforceable and lead to future conflicts.

Regular schedule:

  • Which parent has the child on which days of the week (during the school year)
  • Specific exchange times and locations

Holiday and special occasion schedule — name each one:

  • Thanksgiving (alternating odd/even years, or split the day)
  • Christmas Eve / Christmas Day / Christmas break (specify exact schedule)
  • New Year's Eve and New Year's Day
  • Spring break (alternating or split)
  • Summer vacation (extended period, how long, when)
  • Mother's Day / Father's Day (always with respective parent)
  • Each child's birthday
  • Each parent's birthday (parenting time with that parent)
  • Other significant holidays for your family

Transitions:

  • Pick-up and drop-off times and locations
  • Who provides transportation
  • Protocol for late arrivals

Communication:

  • How parents communicate with each other (text, email, co-parenting app like OurFamilyWizard or TalkingParents)
  • Each parent's right to contact the child during the other's parenting time
  • Notification requirements for travel, schedule changes

Relocation:

  • Advance written notice requirement before a primary custodian moves (Michigan law requires notice for moves that could affect parenting time under MCL 722.31)
  • Michigan's relocation law requires court approval for moves that interfere with parenting time

Child Support in Michigan

Michigan uses a detailed mathematical formula: the Michigan Child Support Formula (MCSF). The FOC calculates support using this formula.

The Formula Considers:

  • Both parents' net income (gross minus specified deductions)
  • Number of children covered
  • Number of overnights each parent has with each child (overnights affect the calculation)
  • Health insurance premiums paid for the children
  • Work-related childcare costs
  • Extraordinary expenses and adjustments

Steps to Calculate:

  1. Determine each parent's monthly gross income from all sources
  2. Apply the MCSF deductions to get each parent's "net income" for formula purposes
  3. Look up the base support amount using the combined net income and number of children
  4. Allocate proportionally by each parent's share of combined income
  5. Adjust for healthcare, childcare, and other specific MCSF factors

Use the Michigan Child Support Calculator at courts.michigan.gov to run your calculation. Attach the completed worksheet to your court filing.

Child Support Duration

Michigan child support typically continues until the child turns 18, or 19½ if the child is still in high school full-time and living with a parent. The order terminates automatically — no separate court filing needed at that age.

FOC Enforcement

The FOC enforces support orders through:

  • Income withholding orders (wage garnishment from the paying parent's employer)
  • Intercepting state and federal tax refunds
  • Suspending driver's licenses and professional licenses
  • Reporting to credit bureaus
  • Contempt of court proceedings

Health Insurance for Children

Your parenting agreement must specify:

  • Which parent provides health insurance for the children (and what the cost is)
  • How uninsured medical, dental, vision, and mental health expenses are shared (often 50/50 or in proportion to income)
  • What notification is required before non-emergency medical treatment

Modifying Custody and Support After the Divorce

Child support: Can be modified when there has been a "change in circumstances" — typically a significant change in either parent's income or in the parenting time schedule. The FOC handles modification requests.

Custody: "Proper cause" or "change of circumstances" must be shown to modify a custody order. The court then re-evaluates the best interest factors. The standard for modifying an established custodial environment is intentionally high to protect stability.

When to See an Attorney

Consider consulting a Michigan family law attorney if:

  • You and your spouse disagree on where the children will primarily live
  • There is a history of domestic violence, substance abuse, or child abuse
  • One parent wants to relocate to another city or state
  • There are concerns about the other parent's fitness
  • Child support involves complex income (self-employment, bonuses, stock options)
  • FOC recommendations don't reflect the children's best interests

Resources

  • Michigan Child Support Calculator: courts.michigan.gov
  • Michigan Child Support Enforcement: michigan.gov/dhs
  • Michigan Legal Help (children): michiganlegalhelp.org
  • FOC Association of Michigan: focassociation.org

Last reviewed: March 2026 | The Friend of the Court office in your county is the first point of contact for questions about your case.

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.