Transferring Your Case
Michigan Court Rules allow for the transfer of post judgment domestic relations cases from one county in Michigan to another Michigan county when all of the following conditions are met:
- The transfer of the action is requested on the basis of the residence and convenience of the parties, or other good cause consistent with the best interest of the minor child(ren).
- Neither party has resided in the county of current jurisdiction for at least six (6) months prior to the filing of the motion.
- At least one party has resided in the county to which the transfer is requested for at least six (6) months prior to the filing of the motion.
- The county to which the case transfer is requested does not adjoin Shiawassee County. The counties that cannot be transferred to include (Clinton, Gratiot, Saginaw, Genesee, Livingston, or Ingham). The transfer of a case includes a change in venue and transfer of all Friend of the Court responsibilities.
- The party seeking the transfer needs to complete a petition seeking the transfer. A motion form is attached. If the other party to the action will agree to the transfer, he or she can sign the motion where indicated. If both parties sign the motion form, it is then considered a stipulation, or agreement, to the transfer of the file.
If you wish to file a motion for case transfer with the Court you will need to submit a fully completed motion to the Clerk of the Court. When you file a motion, a motion fee will be due to the clerks at the time you file your motion.
Please also be aware that if your transfer request is granted, all fees on the Shiawassee County Friend of the Court case must be paid and there may be transfer fees due to the County Clerk in the county to which the case is transferred.
We cannot process your unsigned Motion for Transferring Case.
If you and the other party agree to a case transfer, you can use the Stipulation. Either way, you would need to file one of these documents with the Court Clerk in order to have your request heard/considered by the court.
If the other party does not agree, the party seeking the transfer can proceed to ask the Judge to order the transfer of the case through a court hearing.
If you have any questions regarding this matter, please contact our office at (989) 743-2397. If you need legal advice about this situation, please contact an attorney of your choosing or Legal Aid.