7 Must-Know Facts About Michigan Child Custody & FOC
Life after divorce or separation is never easy — especially when kids are involved.
If you’re divorced, going through a breakup, or just trying to do right by your child, the Friend of the Court (FOC) system in Michigan can be confusing and, frankly, overwhelming. We’ve worked with countless parents just like you — folks caught between legal red tape, court delays, and parenting time drama.
At Wayne Bisard Investigations, we bring a unique edge: Our lead investigator has served on staff as a Friend of the Court Enforcement Specialist. That means we’ve sat on the other side of the desk, and we know what really moves the needle when it comes to enforcement, documentation, and protecting your parental rights.
If you’re co-parenting under court orders in Michigan, here are 7 essential tips (plus a few extras) you absolutely need to know.
1. 🚫 Don’t Use Online Generic Forms for Custody or Parenting Time
We’ve seen too many parents sabotage their own cases by using free templates or generic forms found online. These documents often only include the bare minimum and don’t cover the critical details you need in a comprehensive Michigan custody or parenting time order.
Here’s the problem:
-
They usually lack specific terms about holidays, school schedules, communication rules, or transportation.
-
Judges may approve them, but the vagueness can lead to conflict between parents.
-
And when conflict arises? You’ll likely have to go back to court and pay to amend the order — costing you more time, stress, and money.
Instead, you should:
-
Hire a Michigan family law attorney with experience in custody matters.
-
Can’t afford one? Tap into Legal Aid services — one of the most powerful and underused tools available.
⚖️ Legal Aid: A Hidden Gem for Parents
Programs like Michigan Legal Help and Legal Services of Eastern Michigan offer:
-
Free legal guidance
-
Access to qualified family law attorneys
-
Document reviews
-
Help filing court forms
Don’t assume you’re on your own just because you can’t afford a lawyer. Legal Aid exists to level the playing field.
2. ⏳ Missed Child Support? You Have to Wait 30 Days to File a Complaint
We get it — nothing’s more frustrating than your ex skipping out on support. But Michigan law requires that you wait 30 days after the missed payment before filing a complaint with the Friend of the Court.
Filing before that 30-day window won’t trigger enforcement and may cause delays. Mark the calendar, stay patient, and file correctly.
3. 💳 Local FOC Offices Can’t Seize Bank Accounts
This trips up a lot of people. Your local Friend of the Court office does not have the authority to directly freeze or seize bank accounts.
Here’s what really happens:
-
The FOC initiates enforcement action,
-
Then the State of Michigan steps in to seize funds — through formal legal channels.
If you’re trying to recover unpaid child support, this process can take time. But understanding the steps helps you manage expectations — and take proper action faster.
4. 💸 Tax Refunds? Yes, the FOC Can Intercept Them
While the FOC can’t snatch bank accounts, they can intercept state and federal tax refunds if the payor owes past-due child support.
This can be an effective tool — especially when traditional wage garnishment isn’t working due to off-the-books income or self-employment.
Pro Tip: If you know your ex is due for a refund, talk to the FOC office in advance to make sure your case is flagged for intercept.
5. 🛑 Abuse, Drug Use, or Unsafe Behavior? Know Who to Call (and When)
Parents often believe that Friend of the Court will intervene if the other parent is:
-
Smoking marijuana or drinking around the children
-
Acting irresponsibly during parenting time
-
Breaking “common sense” rules of safety
But here’s the deal — FOC does not investigate claims of child abuse, drug use, or endangerment. And neither will the police in most cases.
Let’s break it down:
❌ Don’t call the police just because your ex is drinking or smoking during their parenting time.
These actions are legal in Michigan. Unless the child is clearly endangered or the behavior rises to serious abuse or neglect, police are not going to file a report — and calling them can backfire.
⚠️ Do not weaponize the Friend of the Court or law enforcement. These professionals are trained to spot manipulation and false reports — and trying to use the system against the other parent can cost you credibility, parenting time, or even custody down the road.
✅ What you should do:
-
If there’s serious abuse or neglect (physical harm, extreme emotional abuse, sexual misconduct), contact CPS and local law enforcement immediately.
-
For parenting time violations, file a Parenting Time Complaint with the FOC — but keep it factual and supported by documentation.
-
Always approach these systems as tools for the child’s safety, not personal revenge.
6. 👮 Police Can’t Enforce Custody Handoffs — Only Document Them
Let’s say your ex refuses to return the child after their parenting time ends. Naturally, you call the police.
But — spoiler alert — they won’t force a handover.
Police are not legally allowed to enforce parenting time. What they can do:
-
File a civil police report,
-
Provide documentation that you can take to Friend of the Court.
That’s why it’s vital to have everything in writing, follow your court orders closely, and keep records of any missed exchanges.
7. 📝 Only a Judge Can Change Custody — Not the FOC
This is a big one. We’ve had many clients say:
“I told the FOC that custody should be changed. Why haven’t they done it?”
That’s not how it works. Friend of the Court can only enforce existing parenting time or support orders.
To change custody, you must:
-
File a formal motion in court,
-
Attend a hearing,
-
Receive a signed order from a judge.
The FOC can help you file a parenting time complaint, but they can’t alter legal custody.
Bonus: 🚨 CPS Can’t Permanently Change Custody Either
Even if CPS substantiates abuse or neglect, they can only make temporary arrangements.
Long-term changes to custody must be done through the courts. If CPS is involved and you want full custody, act quickly to file a motion and secure a judge’s order.
🔍 Still Confused? Here Are a Few Quick FAQs:
Q: Can FOC change custody if I prove my ex is unfit?
No. Only a judge can do that — via court motion.
Q: What if the police won’t file a report about a parenting time violation?
Sadly, this happens. In those cases, document everything yourself and keep trying. Some departments may refer you to the FOC directly.
Q: Is supervised visitation enforced by the FOC?
Yes — but only if it’s clearly written in your court order. Otherwise, they won’t intervene.
Q: Can I email the FOC to file a complaint?
Some counties allow email or online form submissions. Others require in-person filing. Always check your local FOC office’s website for details.
⚖️ Why Choose Wayne Bisard Investigations?
At Wayne Bisard Investigations, we bring a rare advantage: our background includes serving on staff as a Friend of the Court Enforcement Specialist. We understand:
✅ How FOC operates
✅ What documentation matters
✅ What judges and caseworkers look for
✅ How to gather the right evidence to support your claims
Whether you’re dealing with missed parenting time, hidden assets, or concerns about your child’s safety, we can help you document the truth, the right way — so it stands up in court.
👣 Next Steps: Don’t Go Through This Alone
- Suspect a violation of court-ordered parenting time?
- Not sure how to document drug use or unsafe behavior?
- Need proof of income or cohabitation?
- Need a background investigation on your former spouse or partner for custody?
- Want to know the background of the new boyfriend/girlfriend?
Let us help.
📞 Contact Wayne Bisard Investigations today to schedule a confidential consultation. We work discreetly and legally to help you gain the upper hand in your custody or child support case.
🧰 Useful Resources:
Looking for a downloadable checklist or guide for filing FOC complaints?
Drop us a message and we’ll send you a free resource to get started.
🕵️♂️ Wayne Bisard Investigations — Because When It Comes to Your Kids, the Truth Matters.
📍 Based in Michigan | Serving Parents Statewide
📞 Call Now | 🔐 100% Confidential
Hire an Expert Local Private Investigator in Jackson MI
If you are looking for an expert local private investigator near you, schedule a free and confidential case evaluation with Wayne Bisard Investigations today. With 27 years of investigative and detective experience, we provide the highest quality private investigative services to Jackson County and Mid-Michigan. Our services include Background Investigation, Cheating Spouse, Child Custody Disputes, Cold Case Review, Aerial Drone Services, Attorney Private Investigation, Criminal Investigation, Expert Surveillance, Internal Affairs Investigation, Missing Persons and more. Together, we can help you navigate these challenges with confidence and clarity.
#MichiganChildCustody
#FriendOfTheCourt
#ParentingTimeViolation
#CustodyInvestigator
#PrivateInvestigatorMichigan
#FamilyLawInvestigator
#ChildCustodyInvestigation
#MichiganPrivateInvestigator
#ChildSupportInvestigation
#WayneBisardInvestigations
#LegalAidMichigan
#CustodyHelpMichigan
#PIForCustodyCases
#ChildSupportEnforcement
#FOCSpecialist
#HireAPrivateInvestigator
#ParentingTimeMichigan
#CustodySurveillance
#CoParentingHelp
#CPSAndCustody
#CustodyViolationProof
#MichiganFOC
#CustodyDisputesMI
#FreeLegalHelpMI
#TaxRefundIntercept
#CustodyMotionMI
#ChildCustodyHelp
#DocumentCustodyIssues
#BackgroundCheckMichigan
#InvestigateCustodyMI
