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JPEsq.
JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5104
Experience:  Published articles on family law, featured in several publications for successful trial work.
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In Michigan, do you have to go through Friend of the Court

Resolved Question:

In Michigan, do you have to go through Friend of the Court for child support and custody in a divorce, or can you just handle it yourself.
Submitted: 5 years ago.
Category: Family Law
Expert:  JPEsq. replied 5 years ago.

An adult can handle it themselves. A child would need a next friend.

Customer: replied 5 years ago.
Can you elaborate on this a little more. My husband says that it is required to go through Friend of the court in Michigan for custordy and child support which whould require us to most likey change our life style. I am a stay at home parent and we are homschooling. Can we handle this ourselves? I am set to get a job that would allow me the flexablility to choose my schedule and he will continue his current self employment with flexable schedule as well. If we skip Friend of the Court and work things out ourselves, we can be sure to continue on this path. He is a lawyer as well and will be able to access the proper paper work. Is this possible?
Expert:  JPEsq. replied 5 years ago.

Im sorry, im confused.

 

You and your current hisband are divorcing? and you want to know if you can work it out yourselves and submit an order? right?

Customer: replied 5 years ago.
Yes, we are separting and discussing divorce. I want to know if we can do this ourselves and submit an order, keeping the Michigan Friend of the Court completely out of it as they might require us to change our life style. He says we cannot.
Expert:  JPEsq. replied 5 years ago.
I would need to see the local rules, as it is not mandatory everywhere, but it might be in your county... I might be able to find the local rules, what county?
Customer: replied 5 years ago.
Grand Traverse County, Michigan Thanks!
Expert:  JPEsq. replied 5 years ago.

I don't see anything in the local rules that would force you to use FOC unless you have a disagreement or are order in by the local judge.

 

http://www.co.grand-traverse.mi.us/courts/13thcourt/foc/friend_of_the_court_handbook/FRIEND_OF_THE_COURT_1927.htm

 

many places, will order parties to use FOC IF they are going to have a contested issue. If you agree on everything, I dont know anywhere that would make you use FOC or mediate.

 

I would just file a petition and Agreed Order to the court.

JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5104
Experience: Published articles on family law, featured in several publications for successful trial work.
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