Friend of the Court Michigan: What It Does in Your Divorce

If your Michigan divorce involves minor children, the Friend of the Court (FOC) will be part of your case whether you want it or not. The FOC is an arm of the Family Division of the Circuit Court, and it's automatically integrated into every case with children under 18.

Understanding what the FOC actually does — and what power it has — prevents the most common mistakes parents make during Michigan divorces.

What the Friend of the Court Does

The FOC handles three areas in every divorce with children:

Child custody and parenting time. The FOC investigates custody arrangements, evaluates each parent's circumstances, and makes recommendations to the judge based on Michigan's 12 Best Interest of the Child factors (MCL 722.23). These recommendations carry significant weight — judges adopt FOC recommendations in the majority of cases.

Child support calculations. The FOC calculates child support using the Michigan Child Support Formula, which factors in both parents' incomes, overnights, childcare costs, and health insurance premiums. The formula is mathematically rigid — there's limited judicial discretion to deviate from it without documented justification.

Enforcement. After the divorce, the FOC monitors compliance with custody, parenting time, and support orders. It can initiate contempt proceedings, garnish wages, suspend driver's licenses, and intercept tax refunds for non-payment.

The Conciliation Conference

Within roughly 30 days of filing, the FOC schedules a Facilitative and Information Gathering Conference (FIGC) — some counties call it a conciliation meeting or Early Intervention Conference. The names vary by county; the function is the same.

At this meeting, a FOC conciliator works with both parents to negotiate a temporary order covering custody, parenting time, and child support. If you reach agreement, the conciliator drafts a consent order for the judge's signature.

If you can't agree, the conciliator issues a Recommended Order based on their assessment. Once signed by the judge, it takes effect immediately. You have 21 days from the date of mailing to file a written objection — miss that window and the recommended order becomes the temporary order by default.

Preparation matters. Come to the conciliation meeting with a proposed parenting time schedule, documentation of your involvement in the children's lives, and a clear understanding of both parents' work schedules. The conciliator's first impression often shapes the recommendation.

Can You Opt Out of Friend of the Court?

Yes, but only in limited circumstances. Under MCL 552.505, both parents can jointly petition to opt out of FOC services if:

• Both parents agree in writing
• Neither parent receives public assistance
• The court approves the opt-out

Even with an opt-out, the FOC retains authority to review the arrangement if either parent later requests services or if the children receive public assistance. Opting out also means you lose access to FOC enforcement — if your ex stops paying support or violates parenting time, you'll need to file your own motions rather than having the FOC pursue enforcement on your behalf.

For most parents, keeping FOC involvement is the practical choice. The enforcement infrastructure alone — wage garnishment, license suspension, tax intercept — is difficult and expensive to replicate on your own.

The SMILE Program

Most counties require divorcing parents to complete the SMILE program (Start Making It Livable for Everyone) or a similar court-approved parenting education course. The format varies by county — some offer live Zoom sessions, others use self-paced video modules, and a few still require in-person attendance. Costs range from free to $50 per parent.

You must complete the program before the judge will sign the final Judgment of Divorce. Check your county's FOC office for the specific format and registration process.

How to Prepare for FOC Interactions

The FOC evaluates parents using the same 12 Best Interest factors the judge uses. Document your position on each factor before your first FOC meeting:

• The emotional bond between each parent and child
• Each parent's capacity to provide love, affection, and guidance
• Each parent's ability to provide food, clothing, and medical care
• The stability of each parent's home environment
• The child's established ties to school, community, and home
• Each parent's moral fitness (relevant conduct, not character attacks)
• Each parent's mental and physical health
• The child's reasonable preference (if old enough)
• Each parent's willingness to facilitate a close relationship with the other parent
• Domestic violence history
• Any other relevant factor

The Michigan Divorce Filing Process Guide includes a Best Interest Factors worksheet that helps you organize evidence for each factor before your FOC meeting — so your preparation matches what the conciliator is actually evaluating.

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