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FOC 87: Motion Regarding Custody

Motion the reader can summarize - name the custody change, then prove it with dated facts.

FOC 87 is Michigan's SCAO-approved Motion Regarding Custody. You use it inside an existing case to ask the court to establish or change custody - not to open a new custody case. Michigan instructions require attaching MC 416 (UCCJEA affidavit) with the motion. Item 8 also lets you request parenting time and support, but this is a custody motion lane, not a parenting-time-only form like FOC 65.

When to use FOC 87

Michigan Courts instructions state you may use FOC 87 if you have a pending custody, divorce, separate maintenance, family support, or paternity case, or if you already have a custody order from a judgment or order of filiation. You must explain proper cause or changed circumstances and why a custody order or change is in the child's best interests. File with the county clerk, attach MC 416, and serve the other party per court rules. Friend of the Court offices and county clerks may have local copy and intake requirements - confirm locally with official court resources or counsel you hire.

Start with the Michigan lane that matches your story

Parenting-time schedule focus: if the real dispute is the calendar (weekends, exchanges, holidays, overnights) and legal custody labels could stay the same, review whether Michigan parenting time modification or FOC 65 fits before filing FOC 87. INST FOC 65 directs custody changes to FOC 87.

Custody authority focus: if you are reshaping who makes major decisions or how legal custody is labeled, pair FOC 87 with the Michigan custody modification overview. If both custody and schedule are live, say which one drives the change in your first paragraph so FOC staff see a coherent ask.

Existing case fileWritten change askFOC / county pathMC 416 attachedAttachments planned
Signals "custody" motionSignals schedule / parenting-time core
Legal custody split, medical or school authority deadlock, relocation-level risk framingPickup windows, overnights, holidays, commute math, third-party care timing
You need new labels for who decidesYou need new lines for when the child sleeps where
Packet discipline: one-sentence change request, dated rows with exhibit letters, county-confirmed attachment list. Overreach is usually character volume without counts.

Organize your custody motion facts and evidence

MyCustodyCoach can help you gather dated facts, proper-cause notes, and exhibit ideas in one place before you complete FOC 87 or talk with counsel. MCC does not file forms for you and is not a substitute for a lawyer.

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FOC 87 questions

What is Michigan FOC 87?

FOC 87 is Michigan's SCAO-approved Motion Regarding Custody. You use it to ask the court to establish or change custody in an existing family law case. The form also has sections for requested parenting time and support, but the motion is a custody motion - not a standalone parenting-time-only form.

Where can I download the official FOC 87 PDF?

Michigan Courts publishes FOC 87 and its instructions on courts.michigan.gov under SCAO-approved forms. The motion PDF is at courts.michigan.gov/siteassets/forms/scao-approved/foc87.pdf (Rev. 6/18). Instructions are at courts.michigan.gov/siteassets/forms/scao-approved/instfoc87.pdf. Use the official links on this page rather than third-party copies.

When can I use FOC 87 for a custody change?

INST FOC 87 states you may use this form if you have a pending case for custody, divorce, separate maintenance, family support, or paternity, or if you are a party with an existing custody order from a judgment or order of filiation. You must show proper cause or changed circumstances and explain why a custody order or change is in the child's best interests. County filing fees and local FOC procedures may vary.

Can FOC 87 start a new custody case?

No. Michigan Courts instructions state you cannot use FOC 87 to start a custody case. You also cannot use it if you are a third party seeking to intervene for custody, or to change domicile to another state or more than 100 miles away without also using FOC 115 when domicile and custody are both at issue.

How is FOC 87 different from a parenting-time-only motion?

FOC 87 is the Motion Regarding Custody for establishing or changing custody labels and decision authority. INST FOC 65 (Motion Regarding Parenting Time) covers parenting-time orders or changes when custody is not the primary request. INST FOC 65 also notes that if you want to change custody, use FOC 87. If your dispute is mainly the calendar and legal custody could stay the same, confirm whether FOC 65 or FOC 87 fits your ask.

Do I need to attach MC 416 with FOC 87?

Yes. FOC 87 item 2 and the INST FOC 87 motion checklist require a completed Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC 416) attached to the motion. You file and serve FOC 87 with MC 416 according to court rules. The person served may respond using FOC 88. Confirm copy counts, fees, and service steps with your county clerk or Friend of the Court office.

Last reviewed: 2026-06-03

MyCustodyCoach is not a law firm. Court rules, fees, and form versions change by county; confirm what applies to your case with official court resources or counsel you hire.