These are step-by-step instructions to help you file an answer and counterclaim to a complaint for custody, parenting time, and child support. You can print the instructions and take them with you to use as a checklist.
The other parent is called the plaintiff because they filed the custody case. You are called the defendant.
Step 1: Prepare your forms and find out how you will fileIf you complete only the Answer section, you will get the following forms:
If you complete both the Answer and the Counterclaim sections, you will also get these forms:
Some of the steps after this one may have slightly different information for you depending on how you will file with the court. Each court decides how it will accept documents for filing. Contact your court to find out which methods are available. Depending on your court, you may be able to file by:
You can find contact information for your court on the Courts & Agencies page of Michigan Legal Help.
MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-filing. To learn more, read What Is E-Filing?.
Step 2: Get your court fees waived (if needed)There is no fee for filing your answer or counterclaim. You may be responsible for other fees in the custody case, such as motion fees ($20 per motion). The judge may also require you to pay back the Plaintiff for court fees (if the Plaintiff paid them) or to pay back the court (if the Plaintiff’s fees were waived).
If you are unable to pay those fees, you can file a Fee Waiver Request with the court clerk. Use the Do-It-Yourself Fee Waiver tool to prepare the Fee Waiver Request.
The clerk of the court must automatically approve your fee waiver if any of these are true:
If you do not fit into one of these three categories, a judge will review your Fee Waiver Request. The judge must waive your fees if you show that your gross household income is under 125% of the federal poverty level. If your gross household income is over 125% of the federal poverty level, but you show that paying fees would be a financial hardship for you, the judge must also waive your fees.
Step 3: Sign your formsSign and date each form you complete that has a signature line for you. If you chose to sign electronically, this is already done. The electronic signature will look like this: /s/ Your Name.
If you are filing a Uniform Child Custody Jurisdiction Enforcement Act Affidavit, you must get it notarized. Wait to sign it until you are in front of the notary. There may be a fee for notarization. You may be able to get your document notarized at a bank or at the court clerk's office. Some copy and print shops also offer notary services for a fee. Contact the bank or other location to make sure that a notary will be available at the time you plan on going.
Step 4: Make copiesAfter you sign your documents, make copies as follows. In some counties the circuit court clerk’s office will make the copies for you. Call the clerk’s office to ask whether you need to make your own copies.
If you are filing a Counterclaim, also make:
The original of each document gets filed with the court. Copies of the documents are for each of the following: Plaintiff (your spouse), Defendant (you), and the Friend of the Court.
If you will be filing either by e-mail or using MiFILE, you will not need to make copies.
Step 5: File your formsPlease note that completing the documents on Michigan Legal Help or LawHelp Interactive does not file anything with the court.
Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically. To learn more about filing methods that may be available, read Step 1.
If you are filing in person or need contact information for the court, click on Courts & Agencies for the address and phone number of the court.
File the following documents:
If you are also filing a Counterclaim, file it at the same time as your Answer along with:
If you are filing in person at the court clerk's office, give the clerk all of the originals and all of the copies. The clerk will return the copies the court doesn’t need.
The deadlines for filing and serving your Answer are:
You must serve (send) the following to the other party. If the other party is represented by a lawyer, serve the lawyer instead.
You must serve documents electronically if you can and if the other party has access to e-mail. If you or the other party can't do this electronically, or if you are not sure, you can serve it by regular mail.
If you are using MiFILE to file documents electronically, your documents will be served electronically as long as the other party is also using MiFILE. If the other party is not using MiFILE, you will need to serve the documents by e-mail, if possible, or by regular mail if electronic options are not available.
MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-filing. To learn more, read What Is E-Filing?.
If you are serving documents by e-mail, keep the following rules in mind:
If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.
Otherwise, you will need to complete and file the Proof of Service you got when you used the Do-It-Yourself Answer and Counterclaim for Custody. Fill in the date of service and who you served (the plaintiff or their attorney). Check the boxes next to the names of the forms you served and indicate which method of service you used. Date and sign the Proof of Service and file it. If you are filing in person, also file an extra copy for the Friend of the Court, and make a copy for your records.
Step 8: Complete the Domestic Relations Verified Financial Information Form and send it to the Plaintiff
Within 28 days after you serve the Answer, you must complete the Domestic Relations Verified Financial Information Form and sign it in front of a notary. You only need to complete the first two pages and sign the last page. Make a copy for your records, and serve (send) a copy to the Plaintiff. Do not file the form with the court.
The Plaintiff must also fill out their own copy of the form and send it to you.
You and the Plaintiff must exchange these completed forms unless you agree in writing not to exchange them.
How to serve this document:
You must serve (send) this document electronically if you can and if the other party has access to e-mail. If you or the other party can't do this electronically, or if you are not sure, you can serve it by regular mail.
If you are serving by e-mail, keep the following rules in mind:
You must file a Proof of Mailing after serving the form. If you served by e-mail, cross out “first-class mail” and write "e-mail." In the space for the other party's address, write the e-mail address instead.
Important!
If you are a survivor of domestic violence, sexual assault, or stalking by the other party, you may leave out any information which might lead to the location of where you live or work, or where a minor child (if any) may be found. If you are self-represented and do not provide your address because of domestic violence, you will need to give this form to the Plaintiff at the first scheduled hearing instead of mailing it, unless you and the Plaintiff agree otherwise or the court directs otherwise. If you leave out information, you must explain the reasons why in a sworn affidavit and file it with the court within 28 days after you serve the Answer.