In our last post, we began looking at the basics of child custody determinations in Michigan courts. A lot more could be said about this topic, but here we want to briefly discuss the enforcement and modification of child custody orders.

Obviously, a court issuance of a custody order does guarantee compliance with the order. For this reason, Michigan courts appoint a person known as a "friend of the court" to assist with enforcing child custody orders. Parents can opt not to receive the services of a friend of the court, but it is a tool used by the system to make things go more smoothly.

Friends of the court are organized by county, and parents will receive the services of the office in the county where the case is filed. Any enforcement of a child custody order requires the involvement of a friend of the court. The friend of the court is empowered to take initiate legal proceedings upon receipt of a written complaint stating facts alleging a violation of a custody order. The friend of the court may also assist a party in preparing a written custody complaint.

In addition to helping enforce child custody orders, the friend of the court will also help in modifying custody orders. Child custody order may need to be modified for a number of reasons. Family relationships, jobs, out-of-home responsibilities, and life plans can change. In each case the modification will be scrutinized in light of the child's best interests.

Rules vary by county office, but some friend of the court offices change custody orders only after mediation. Others simply require a written agreement signed by both parties. The friend of the court will initiate legal proceedings with the court.

A court can review and change a custody order if the parents agree and the court revises the order, or if somebody files a motion and the court believes clear and convincing evidence supports that a change is in a child's best interests.

As we noted, a lot more could be said about the details of these processes, but the Michigan Courts website provides a good overview. And truly, there is no substitute for speaking with an attorney if you really want to get a good handle on the specific procedures in your area to put your best foot forward in court.

Source: Online, http://courts.michigan.gov/scao/selfhelp/family/custody.htm," Michigan Courts website, provides general information about child custody.