What the Friend of the Court Does (and Doesn’t Do) in Michigan – A Brief Overview

In Mid-Michigan, if you and your spouse have minor children when going through a divorce, chances are you’ll have some involvement with the Friend of the Court (FOC). The Friend of the Court is an arm of your circuit court created under the Friend of the Court Act, and it is there to assist the family court judges in resolving issues concerning custody, parenting time, and child support. Here’s what you need to know about what the FOC Ingham County, Eaton County, Clinton County, and Jackson County does and doesn’t do.


What the Friend of the Court Does

Under Michigan law, the FOC’s duties are:

  1. Investigates and Makes Recommendations
    • The FOC investigates disputes over custody, parenting time, or child support. An FOC investigator conducts the investigations and a Friend of the Court Referee holds hearings with the parties where they can present their side of each disagreement. Recommendations made by the investigator and the referee are based on the “best interests of the child” factors.
  2. Provides Alternative Dispute Resolution (ADR)
    • Many Mid-Michigan FOC offices offer mediation or other ADR services to help parents reach agreements on custody or parenting time issues without prolonged litigation. Most experienced family law attorneys strongly support alternative dispute resolution to help resolve child-based disputes between spouses. The most commonly used ADR process is attorneys using mediation, but when cases involve domestic violence, ADR isn’t always the best option. 
  3. Reviews Support Orders
    • The Friend of the Court office reviews child support orders every 36 months upon request to see if modification of child support is appropriate, especially when there’s a change in income or the child’s needs. Child support can be reviewed more often than every 36 months if a parent requests a review and there is a material change of circumstances. 
  4. Maintains Payment Records
    • The FOC tracks child support payments through the Michigan State Disbursement Unit (MiSDU) and provides annual account statements to parents that include a list of payments made and total amount past due, if any (called arrears).
  5. Enforces Court Orders
    • The FOC ensures compliance with child support, custody, and parenting time orders. FOC uses tools such as income withholding orders, tax refund intercepts, license suspensions, and initiating contempt proceedings to enforce those orders.

What the Friend of the Court Doesn’t Do

It’s equally important to know what the FOC cannot do:

  1. Doesn’t Represent Either Parent
    • The FOC is a neutral court agency; it does not act as anyone’s lawyer. The Friend of the Court does not give legal advice. Nearly all employees at the FOC are not attorneys. You still need a Michigan-licensed attorney to advise you on your case and protect your interests.
  2. Doesn’t Change Orders
    • The FOC can recommend changes, but only the judge can issue or change an order. Even agreements reached in mediation must be submitted to the judge and signed by the judge to be enforceablet.
  3. Doesn’t Handle Every Family Law Matter Filed
    • If both parties opt out of FOC services (and no party is receiving public assistance), the office will not be involved with the case.
  4. Doesn’t Provide Emergency Protective Orders
    • The circuit court handles urgent protective orders (like Personal Protection Orders). Those are not handled by the Friend of the Court.
  5. Doesn’t Offer Legal Advice
    • Staff may explain procedures, but cannot tell you what you “should” do in your case. Legal advice can only be given by a licensed attorney. If you have questions about your case and what you should do, contact an experienced family law attorney. Also, keep in mind that police and CPS employees cannot give you legal advice.

Lansing Are Practice Pointers

  • Local Variations: While the duties are set by law, each Mid-Michigan county, such as Ingham, Eaton, Ionia, and Clinton, may have slightly different office procedures.
  • Be Responsive: If you get correspondence from the FOC, respond promptly or notify your attorney immediately. Delays can cause complications or result in enforcement actions.
  • Document Everything: Keep records of payments, communication, and compliance with court orders to avoid disputes. Ask your attorney what documentation you should be saving and provide them with copies.

Schedule a Meeting with a Highly Trusted Family Law Lawyer 

At The Kronzek Firm, we are familiar with local FOC procedures, FOC staff and judge’s preferences. We work with you to help you set realistic expectations and better navigate the court process under Michigan’s domestic relations laws. We can provide personalized guidance on your case and represent your interests. Contact us 24/7 for a consultation.

📞 Our attorneys have helped thousands of Michigan clients since the last century. You can reach our Lansing office 24/7 at (517) 886-1000. Virtual appointments and phone appointments are available during business hours, weekends, and after hours. You can also email our team at contactus@kronzek.law at any time. 

[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]