Form FOC 88 RESPONSE TO MOTION REGARDING CUSTODY Use this form if: · you get a copy of FOC 87, Motion Regarding Custody. By filling out this form, you are answering the statements made in the motion. American LegalNet, Inc. www.FormsWorkFlow.com RESPONSE TO MOTION CHECKLIST Use the following checklist to make sure you have done all the steps that are needed. DID YOU . . . 1. 2. 3. 4. Fill out all requested information on the form? Make all necessary copies? File the response to motion form with the clerk's office? Mail (serve) a copy of the response on the other party and on any other custodian/guardian? Return to the clerk's office after you mailed the response to the other party and completed the certificate of mailing? Keep one copy of the response to motion form for yourself? Give two copies of the completed form to the clerk of the court? YES YES YES YES 5. YES YES YES 6. 7. You must attend the hearing on the motion. If you cannot answer "yes" to all the above steps, your response may not be heard at the hearing on the motion. By using this form packet you are representing yourself in a court action regarding custody. In order to receive the action you seek, you must follow the instructions in this packet. If you fail to do even one of the required steps, the order you get from the court may not give you the custody you want. If you have any questions about any step in the process, refer to pages 3 through 5 of this booklet for details. PAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR USING FORM FOC 88 RESPONDING TO A MOTION »» FILING A RESPONSE 1. Fill out the Response to Motion form. If you receive a motion and notice of hearing from the other party, you have time before the hearing to respond in writing to the party and the court. Use the instructions on page 6. Be careful not to make mistakes. Make at least five copies of the form after you have filled it out. 2. File the Response form with the county clerk. Take the original and five copies to the county clerk in the county where the motion was filed. The name of the county will be in the upper left-hand corner of the motion form. The county clerk will write the name of the judge assigned to your case on your form. The clerk will keep the original and one copy for the court file and the friend of the court. Then the clerk will return four copies and any remaining attachments to you. Do not lose them. What you should have when you leave the clerk's office: One copy of FOC 88 (with any attachments) - for you One copy of FOC 88 (with any attachments) - for the other party One copy of FOC 88 - for proof of service to the court One copy of FOC 88 - for proof of service to the friend of the court »» SERVING THE RESPONSE ON THE OTHER PARTY OR PARTIES 1. Serve the Response on the other party. The other party must be served with (notified of) your response at least 5 days before the hearing date. NOTE: Serve the papers by mailing them to the other party by first-class mail. What you need for service: One copy of FOC 88 (with any attachments) - for the other party Two copies of FOC 88 - for proof of service Any additional copies of FOC 88 (with any attachments) - for another custodian or guardian if there is someone other than the other parent who has care or custody of the child(ren). PAGE 3 American LegalNet, Inc. www.FormsWorkFlow.com Mail one copy with attachments to the other party. If there is a custodian or guardian, mail one copy and the attachments to him/her. Then fill out the Certificate of Mailing on the front of the remaining three copies. Keep one copy for your records. 2. Return to the county clerk. Once you have mailed the response and filled out the Certificate of Mailing on the remaining three copies, return to the county clerk's office with two copies. Remember to keep one copy for your own records. The county clerk will deliver one copy to the friend of the court. 3. Attend the hearing. You must attend the hearing on the motion. »» INFORMATION ABOUT ATTENDING THE HEARING Bring your copy of the motion and your response along with all supporting papers and any witnesses who are willing to testify. 1. Because you are representing yourself, you are expected to conduct yourself as an attorney would and to follow the same general rules an attorney would. 2. Make a list of information you think is important for the referee or judge to know. The information should relate to the reasons stated in your response. You can use this list as a reminder to bring up the points you think are important. 3. If you think you need to order someone to attend this hearing, follow the procedure in Michigan Court Rule 2.506 or consult with an attorney. 4. Go to the judge's courtroom or referee's hearing room on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes early. Be prepared to spend most of the morning or afternoon in court. Bring any witnesses with you. 5. Go into the courtroom or referee hearing room and tell the referee or clerk (sitting near the judge's bench) your name, that you are there for a hearing, and you are representing yourself. Do not interrupt any hearing in progress. Then take a seat in the back of the courtroom and wait for your case to be called. 6. When your case is called, be prepared to state: 1) your name. 2) that you are representing yourself. PAGE 4 American LegalNet, Inc. www.FormsWorkFlow.com 3) that you want to respond to the motion for a custody order or to change a custody order. 4) the facts or reasons for your response (bring papers such as reports that support your facts or reasons including income information such as pay stubs, W-2 forms, income tax forms, etc.). 5) whether you have witnesses in court who are willing to testify. Answer the judge's or referee's questions clearly and directly. If the judge or referee wants to hear from the other witnesses, ask them to tell the court what they saw or know regarding your situation. 7. If the other party is in court, he or she will have a chance to speak also. When the other party talks, take notes. Do not interrupt the other party. After the other party speaks, you will have another chance to talk. Taking notes will help you with this. 8. After the judge or referee makes a decision, the other party is to prepare the order (using the instructions on the packet for FOC 89, "Order Regarding Custody") even if it is not what is asked for in the motion or your response to the motion. NOTE: If your hearing was held