How to File an Answer and Counterclaim to a Complaint for Custody, Parenting Time, and Child Support
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.
Application for IV-D Child Support Services (form DHS-1201D)
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:
In-person filing
E-mail
E-filing using MiFILE
Mailing or dropping off documents
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?.
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:
You receive public assistance based on having low income (examples: FAP, SNAP, Healthy Michigan, CHIP, ESO, FIP, TANF, WIC, SSI);
You are represented by a legal services program that receives funding from the Legal Services Corporation or the Michigan State Bar Foundation; or
You are represented by a law school clinic based on having low income.
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.
Sign 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.
After 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.
Fee Waiver Request (if needed) – 3 copies
Answer to Complaint/Counterclaim – 3 copies
If you are filing a Counterclaim, also make:
Counterclaim for Custody, Parenting Time, and Child Support with attached Affidavit of Parentage for each minor child listed in counterclaim – 3 copies
Verified Statement – 3 copies
Application for IV-D Child Support Services (form DHS-1201D) – 3 copies
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.
Please 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:
Fee Waiver Request (if needed)
Answer to Complaint/Counterclaim for Custody, Parenting Time, and Child Support
If you are also filing a Counterclaim, file it at the same time as your Answer along with:
Affidavit of Parentage for each minor child listed in counterclaim
Application for IV-D Child Support Services (form DHS-1201D)
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:
Within 21 days of the date you were served with the custody papers if you were given the papers in person; or
Within 28 days of the date you were served with the custody papers if you were mailed the papers, or you were outside Michigan when you were given the papers.
You must serve (send) the following to the other party. If the other party is represented by a lawyer, serve the lawyer instead.
Fee Waiver Request and the decision on your request (if you filed a Fee Waiver Request)
Answer to Complaint/Counterclaim for Custody, Parenting Time, and Child Support
Counterclaim for Custody, Parenting Time, and Child Support (if you filed one), along with the Uniform Child Custody Jurisdiction Enforcement Act Affidavit, Verified Statement, and Application for IV-D Child Support Services (form DHS-1201D)
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:
All documents must be in PDF format;
The e-mail subject line must include the name of the court, case name, case number, and the title of each document being sent;
If you e-mail a document at or before 11:59 p.m., it is considered served on that day. If you send the e-mail on a Saturday, Sunday, or legal holiday, it is considered served on the next business day;
Do not delete any e-mails you send to the other party, especially e-mails that served court documents. You must keep a record of sent items until a judgment or final order is entered and all appeals have been completed.
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.
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:
All documents must be in PDF format;
The e-mail subject line must include the name of the court, case name, case number, and the title of each document being sent;
If you e-mail a document at or before 11:59 p.m., it is considered served on that day. If you send the e-mail on a Saturday, Sunday, or legal holiday, it is considered served on the next business day;
Do not delete any e-mails you send to the other party, especially e-mails that served court documents. You must keep a record of sent items until a judgment or final order is entered and all appeals have been completed.
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.
The Friend of the Court (FOC) assists the court in making custody, parenting time, and child support decisions. Depending on your court, you may be required to attend Friend of the Court mediation or another type of FOC meeting. You and/or the Plaintiff may have to schedule this meeting, or the court may schedule it for you.
If there has been domestic violence in your relationship with the other party, your case may be exempted from a Friend of the Court meeting. The FOC must screen your case for domestic violence.
Depending on your county, you may also be required to attend the SMILE Program, an educational program for separated parents with minor children.
You may get notice from the court of a pre-trial proceeding, sometimes called a settlement conference. The court sets these to check in with the parties about how the case is proceeding. If you get notice of a pre-trial proceeding, make sure you attend it or decisions may get made without you. If you and the Plaintiff agree on all the issues in your case, you may be able to enter an order at this stage.
If you get to a pre-trial proceeding in your case and you and the Plaintiff have been unable to settle many of the issues in your case, consider hiring a lawyer or going to mediation. If you are unable to reach a settlement, the court will schedule a date for trial.
After the Friend of the Court process and/or pre-trial proceeding are done, expect a hearing to be scheduled in your case to enter an Order Regarding Custody, Parenting Time, and Child Support.
If you and the Plaintiff agree on the terms of the order, you can have it entered at the hearing. If you and the Plaintiff cannot settle the issues in your case, this may be an evidentiary hearing or trial where the judge will decide the terms of your custody order.
You should get a copy of a proposed Order Regarding Custody, Parenting Time, and Child Support and proposed Uniform Child Support Order from the Plaintiff before the hearing. Read the documents carefully.
If you and the Plaintiff can talk safely, figure out before the hearing which terms you can agree on. If you agree on all the terms, you will likely enter your orders by consent. This means you will both sign the orders to show you agree to have them entered. If you do not agree on all the terms, you should let the judge know at your hearing the terms you do and don’t agree with.
Go to the court on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes early. Go to the clerk and tell them your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.
Bring all of your custody papers with you to the hearing.
When your case is called, go to the place you are directed and answer any questions the judge has. Speak clearly and directly.
If the judge approves the terms of the orders, they will sign all the copies. In some counties the court will file your Order Regarding Custody, Parenting Time, and Child Support and Uniform Child Support Order for you, but in most counties this is the Plaintiff's responsibility.
Make sure you get a copy of your orders with the judge’s signature.
After the orders are entered, both parties must obey the terms of the orders. If either party violates the orders, the other party can ask the Friend of the Court for help or can file a Motion and/or Order to Show Cause to ask the judge to enforce the orders.
