If you’re a parent going through a divorce in Michigan, you’ll likely come into contact with the Friend of the Court (FOC). Understanding how the FOC works can make this difficult process much less stressful and help you advocate for your child’s best interests.
The Friend of the Court is part of the family court system in every Michigan county. Their job is to help families like yours navigate issues around custody, parenting time (the schedule for spending time with your child), and child support. When parents can’t agree on these matters, the FOC becomes an essential resource for working things out.
Either parent can ask, at any time, to utilize FOC services, which include the following:
- Investigating and gathering information — The FOC can learn more about your situation by speaking to both parents, talking to your child and possibly even visiting your home. They’ll gather information from schools, doctors or others involved in your child’s life. This helps them understand what arrangement is in your child’s best interest.
- Mediation services — In many cases, the FOC offers mediation. A neutral person helps you and the other parent talk about issues and try to find common ground. Mediation gives you a chance to shape an agreement yourselves, making it more likely you’ll stick with it. If you come to an agreement, the FOC will write it up for the judge’s approval.
- Making recommendations — If you can’t agree in mediation, or if either parent doesn’t participate, the FOC may put together a report and make recommendations about resolving disputes over custody or parenting time. They base these on Michigan’s legal factors for determining the child’s best interests, including the child’s emotional ties to each parent and your ability to provide a stable environment. Although a court is not bound by the FOC’s recommendation, it will be given considerable weight.
- Enforcing and adjusting orders — Even after a custody or parenting time order is in place, the FOC can continue to assist. If problems come up, such as the other parent not following the schedule, you can ask the FOC for help enforcing the order or negotiating changes. They might offer more mediation or, if necessary, ask the court to intervene.
If either parent disagrees with what the FOC recommends, they can ask for a court hearing. At the hearing, both sides can present evidence and explain what they believe is best for the child.
While the FOC in a divorce case can be instrumental in helping to resolve certain issues, they have no authority to give legal advice. You still need to have a family law attorney on your side to protect your rights.
Dawson Family Law, PLLC in Troy advises Michigan residents in family law matters. To make an appointment for a free initial consultation, please call 586-514-0084 or contact us online.
