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Being a Defendant in a Custody Case
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When Your Child’s Other Parent Files a Complaint for Custody
What the Custody Case Process Will Be Like
If your child’s other parent has filed for custody, he or she is the Plaintiff in
the case. You are the Defendant.
Being the defendant in a custody case isn’t like being a defendant in
a criminalcase. It doesn’t mean you did something wrong or you are in
trouble. It doesn’t mean the other parent gets to make all the decisions in
your custody case. It just means the other parent was the one to file the
paperwork first and start the custody case.
It is important that you understand your rights and responsibilities as a party
to a custody case. This article tells you what you can expect.

When Your Child’s Other Parent Files a Complaint for Custodytop
Consider talking to a lawyer
If your child’s other parent has filed a complaint for custody, consider talking
to a lawyer. This is especially important if your child’s other parent has ever
been verbally, emotionally, or physically abusive to you or your children.
You cannot rely on the other parent’s lawyer to protect your interests. This is
true even if you and the other parent agree on most issues. If a lawyer has
filed paperwork for the other parent or has appeared in court for the other
parent, that lawyer cannot represent you.
If you need a lawyer and are low-income, you may qualify for free legal help.
You can use the Find a Lawyer page on this website to look for a lawyer in
your area.

Accepting Service of the Custody Papers
Maybe you know your child’s other parent filed for custody and you are
thinking about trying to avoid service (delivery) of the custody papers.
Avoiding service of custody papers won’t do you any good and could cause
you problems.
Avoiding service doesn’t mean the other parent won’t be able to get custody.
It may cause a slight delay at the beginning of the case, but it can result in
you not knowing what’s happening in the case. The court may also make
important decisions about your child without your input.

Read the Papers Carefully
If you have been served with a complaint for custody, read it right away. It is
important to understand what your child’s other parent is asking the court to
do.
Your custody case will determine the rights and responsibilities of both
parents towards your child. This includes custody (who the child lives with
and who makes decisions for the child), parenting time (visitation), and child
support.
When you are first served custody papers you should get:










Summons – A custody case is started by filing a complaint and other
required papers with the court. When you do this the court clerk will issue a
summons. The summons is important because it tells the other party how
long he or she has to file an answer with the court.
Complaint for Custody, Parenting Time, and Child Support– The
complaint tells the court about you, your child’s other parent, and your child.
It also tells the court what the other parent is asking the court to order. The
complaint states what custody, parenting time, and child support
arrangements the other parent wants.
Uniform Child Custody Jurisdiction Enforcement Act Affidavit –
The information in this paper is required in all custody cases. It contains
basic information about your children and where they have lived in the past
5 years.
Verified Statement – This paper is required to be filed with the Friend
of the Court in all custody cases. Your child’s other parent may or may
not serveyou with a copy. It contains identifying information about you and
the other parent including social security numbers, driver’s license
information and information about your employment and income. This is a
confidential document and is not placed in a public court file.
When you are served custody papers you might also get:
Ex Parte Orders – Your child’s other parent may have filed one or
more motions asking the court to order something at the start of the case.
This could happen before you are even notified about the case. Ex parte
orders are emergency orders that get decided by the judge
without hearing your position. If you get an ex parte order, the order is
already in effect.
Ex parte orders can be about many different things. The most common
orders give temporary custody of children to one parent and order child
support payments.



If you get an ex parte order with your custody papers consider
talking to a lawyer. You only have a short amount of time – 14 days from
the day you are served - to file an objection to an ex parte order if you don’t
agree with it. After 14 days the ex parte order becomes a temporary order
that will normally last at least as long as it takes for your custody case to
become final.
Motions for Temporary Orders - Your child’s other parent may have
also filed one or more motions asking the court to enter temporary orders.
Motions for temporary orders are often about the same types of things ex
parte orders are about, but the judge has a hearing to decide whether to sign
the order. If you get a motion for a temporary order it will include a notice of
hearing that tells you the date, time and place of the hearing.

Pay attention to deadlines
There are strict deadlines in a custody case. If you want to file an answer to
the plaintiff’s complaint for custody and if you want to file a counterclaim for
custody, you must do so within the time stated on the summons. This is 21
days from the date of service if you were served personally (handed the
papers), or 28 days from the date of service if you were served by mail or
while you were outside of Michigan.
If you do not file an answer by the deadline, the court can enter a
default against you. If a default is entered, you cannot participate in the
case until you file a motion to have the default set aside and the judge
enters an order setting the default aside. If your case is defaulted, this
means that the court can make decisions about your children without your
input.
If the other parent files any motions in the custody case, a hearing will
normally be scheduled. You can file a response to the motion and appear at
the court hearing. Your response must be filed with the court at least three
days before the hearing.
Your response must be served on the other parent at least five days before
the hearing if you have the other parent served by mail, and at least three
days before the hearing if you have the other parent personally served.

Decide how you want to respond
If your child’s other parent has filed for custody, you can choose to do
nothing. If you do nothing, the other parent can pursue custody without your
input, and you’ll end up with a court order based on the other parent’s terms.
A default Order Regarding Custody, Parenting Time, and Child Support will be
entered. This may be fine if you agree with all of the other parent’s proposed
terms. But you should consider participating in the case if you want input in
the custody, parenting time, and child support arrangements.

To participate in the case you must file an answer to the custody complaint
by the deadline on the summons. You can also file a counterclaim for
custody, which asks the court to decide custody, parenting time, and child
support arrangements for the children and says the terms you want. If you
file a counterclaim for custody, you must file and serve it at the same time
you file and serve your answer.
You can use our Automated Online Answer to a Custody Complaint Forms to
file an answer or an answer and a counterclaim.
What the Custody Case Process Will Be Liketop

Answer
Your answer is a response to each paragraph of the plaintiff’s complaint for
custody. You and your child’s other parent may agree on all the issues in your
custody case. Or, you may have a “contested” case because you don’t agree
on all the major issues. Major issues include child custody, parenting time,
and child support.

Counterclaim
You can also file a counterclaim for custody with your answer. This lets the
court know what you would like to happen in your custody case.
Filing a counterclaim for custody can also help you make sure your custody
case goes forward.
If you don’t file a counterclaim for custody and your child’s other parent does
something to have the original case dismissed, your custody case will end.
Then, if you still want to have the court decide custody for you, you will have
to start over by filing a new case and paying the filing fee.

Friend of the Court Referrals, Investigations, and Recommendations
The Friend of the Court office assists the court in making custody, parenting
time, and child support decisions. Depending on the county where your
custody case is filed, you may have to meet with a worker from the Friend of
the Court office.
In some cases the Friend of the Court will investigate and make a
recommendation to the court about custody, parenting time, and child
support.
A Friend of the Court recommendation is not a court order unless it is signed
by a judge. You will have an opportunity to object to a recommendation or a

temporary order. If you object, you will have a hearing in front of a judge or
referee.

Finalizing the Custody Case
Your custody case might be resolved by:


Default judgment, where you do not file an answer or participate in the
case;



Negotiated judgment, where you and your child’s other parent decide
the terms together;



Mediated agreement, where you and the other parent meet with a
mediator and decide the terms;



Court hearing, where the judge makes a decision because you and the
other parent can’t agree on the terms.

After a Custody Order is Entered
After a custody, parenting time, and/or child support order is entered, both
you and the plaintiff must obey the terms of the order. If either party fails to
do exactly what the order says, the other party can file a motion with the
court asking the court to do something about it. The court continues to have
jurisdiction over your children until they turn 18 years old.
Final orders can be changed - but you must meet certain requirements to get
the court to consider changing an order. The requirements are different
depending on whether you are asking the court to change custody, parenting
time, or child support.

Additional Information about Custody
To learn more about custody and parenting time, read the articles Overview
of a Michigan Custody Case, Custody and Parenting Time, The "Best Interests
of the Child" Factors and Changing a Custody Order. Also read the Common
Questions in the I am a Defendant in a Custody Case toolkit.
To learn more about child support and the role of the friend of the court, read
the articles Friend of the Court Overview, Child Support in a Nutshell,
andGetting or Changing a Child Support Order.

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