The Defendant has 21 days after receiving your Summons and Complaint to file an Answer with the court and send you a copy, or 28 days if they were served with the Summons and Complaint by mail or outside of Michigan. The Answer is a document where the Defendant explains which parts of your Complaint for Custody they agree with and which parts they disagree with. The Defendant can prepare and download an Answer form using the Do-It-Yourself Answer and Counterclaim for Custody.
If the Defendant filed an Answer on time, skip this step and Step 9. Go ahead to Step 10.
If the Defendant did not send you a copy of an Answer within the 21 or 28 days, you must file a Default Request and Entry. When the clerk signs the Default Request and Entry, this is called “entering a default.” There is no cost for this. If you do not file a Default Request and Entry, the court will likely dismiss your case.
Find the Default Request and Entry form that was prepared by the Do-It-Yourself Custody Case (Unmarried Parents). Enter your case number and the name of the assigned judge in the top right corner of the form. File the Default Request and Entry form. The clerk will sign the form, entering the default. If you are filing in person at the court clerk's office, ask the clerk for two copies of the signed Default Request and Entry form.
Serve (send) a copy of the Default Request and Entry that was signed by the clerk to the Defendant. You must serve 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 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 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 filed in person, keep the other copy of the Default Request and Entry for the next step (Step 9).