What Is the “Friend of the Court” in Michigan?

When it comes to divorce and related concerns like child custody and child support, just for example, many couples would prefer to avoid the cost and aggravation of going to court and allowing a judge to determine the course of their life. However, emotions can run high in such cases, making it nearly impossible for couples to come to an agreement on their own.

This is where the Friend of the Court comes into play. What is the Friend of the Court in Michigan, and what can this entity do to help couples intent on ending a marriage and determining issues related to child custody? Here’s what you need to know going into the divorce process and related legal proceedings.

What is the Friend of the Court?
You might think from the name that the “Friend of the Court” is a person, but it’s actually an entity. The Friend of the Court is an office comprised of several family law services offered by the family division of the Michigan court system, with the goal of centralizing many key administrative functions. Some of the services offered through Friend of the Court include mediation and assistance with issues like child custody, parenting time, child support, medical support, and other things.

The Friend of the Court does not act in lieu if the court concerning judgments, but assists the courts in an administrative capacity, taking on some of the burden of helping parties to reach an agreement before they stand before a judge. The Friend of the Court system has been in operation in Michigan for almost a hundred years.

What Does the Friend of the Court Do?
The Friend of the Court fills several functions. When divorcing parents are referred to the Friend of the Court system, an employee will meet with both parties in the interest of conciliation, with the hopes of reaching an agreement prior to seeing a judge. In disputes where an agreement cannot be reached, parents will be offered mediation services as a form of alternative dispute resolution.

If parents refuse mediation, a Friend of the Court employee may conduct an investigation (speaking to family, friends, and teachers) in order to evaluate the situation and make a recommendation pertaining to child custody, parenting time, and/or child support. Ultimately, the Friend of the Court employee assigned to a case must either help the parties to reach an agreement, or else provide the court with a recommendation based on investigation and evaluation.

The Friend of the Court is also responsible for enforcing court orders, including custody, parenting time, and child support orders, and this process begins when either party files a written complaint citing a violation. If violations are deemed valid, the Friend of the Court may enforce orders by applying makeup parenting time, filing for parenting time changes, garnishing wages, and so on.

Coming to an agreement regarding child custody and support isn’t easy, especially when you’re going through a rough divorce. In order to protect your interests, you should not only commit to full cooperation with the Friend of the Court, but also contact a qualified attorney from The Gucciardo Law Firm at 248-723-5190 for legal guidance and support.