Child Custody Action

Child Custody Action
vs
Minor Guardianship Proceeding

What is a child custody action?

A custody action is brought under the Michigan Child Custody Act, MCL 722.21 et. seq. Custody cases are filed in Circuit Court.They are filed by parent(s) of the child or in some cases other persons (i.e., grandparents, agencies, etc.).

What is a minor guardianship proceeding?

A minor guardianship proceeding is a case in which a “substitute parent” (i.e., guardian) is sought for a child. Rights of the child’s parents are suspended, but not terminated.Guardianship cases are filed in Probate Court.There are two types of minor guardianships – limited and full. A limited guardianship is done by consent, and can only be filed by the child’s custodial parent(s).    For more information, please see Limited Guardianship for Minors and Full Guardianship for Minors.

Rev. 4\14