FAQ: Am I Required to Use the Services of the Friend of the Court?

Yes, initially.  A Friend of the Court case is opened in every new child support, child custody, or parenting time matter. Michigan law requires a case to be opened and maintained by them, unless parties opt out of using their services.

It is not mandatory for parties to use Friend of the Court Services and parties can opt out of their services. To opt out of Friend of the Court Services, you must qualify. To qualify the following must be true in your case: no history of domestic violence between the parents; no money is due to the state for past public assistance for the child; no child support arrearage, no custody or parenting time violations have occurred within the last 12 months; and both parents are in agreement to opt out of the Friend of the Court.

If you opt out of the Friend of the Court, you will not be able to access their services, which include collection of child support by income withholding order; enforcement policy and procedure against the non-paying parent for payment of support; assistance to help parents settle disputes arising during and after their case is finalized;  and finally access to skilled clinicians who conduct investigations and make recommendations to the Court relative child custody, parenting time, and domicile matters. A helpful overview of the Friend of the Court can be found at: https://michiganlegalhelp.org/self-help-tools/family/friend-of-court-overview.

Many divorced families are able to proceed independently from the Friend of the Court because they are confident the best interests of the children will be served privately between the parents. If you feel your spouse will timely pay support and cooperate on matters relating to your children, opting out of the Friend of the Court Services may be best for your family. With all legal decisions, it is best to consult legal counsel to determine if opting out of Friend of the Court is right for you and your family.

PLEASE NOTE: This blog is not intended to constitute legal.  We do not recommend making important decisions of the type addressed in this article without specific legal advance.  We at Banfield Couling Law and Mediation are here to help navigate your legal matter at any stage of your divorce.