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The MC 416 form is a crucial document in child custody cases within the state of Michigan, designed to gather essential information regarding the child or children involved in legal proceedings. This form plays a significant role under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), allowing the court to assess jurisdiction and enforce custody determinations effectively. Among its key components, the MC 416 requests the names, current addresses, and living history of the children directly involved in the case. It also requires detailed information about any custodians and legal guardians who have cared for the children over the past five years. The form mandates disclosure of any previous court decisions or orders relating to custody, parenting time, or other pertinent matters, ensuring that the court has a comprehensive understanding of the custody landscape. Another vital aspect is the identification of any ongoing proceedings that may impact the current custody arrangement, including potential threats to the child's well-being. This detailed account aids in clarifying the child’s “home state,” which determines jurisdiction under the UCCJEA. Lastly, the form emphasizes the necessity of confidentiality around sensitive information when the health or safety of the child is at risk, reflecting a commitment to protecting the rights and welfare of children during custody disputes.

Mc 416 Example

STATE OF MICHIGAN

UNIFORM CHILD CUSTODY

CASE NO. and JUDGE

 

JUDICIAL CIRCUIT

 

 

JURISDICTION

 

 

PROBATE COURT

 

 

ENFORCEMENT ACT AFFIDAVIT

 

 

COUNTY

 

 

 

 

 

 

 

 

Court address

 

Court telephone no.

 

CASE NAME:

1.The name and present address of each child (under 18) in this case is:

2.The addresses where the child(ren) has/have lived within the last 5 years are:

3.The name(s) and present address(es) of custodians with whom the child(ren) has/have lived within the last 5 years are:

4.I do not know of, and have not participated (as a party, witness, or in any other capacity) in any other court decision, order, or proceeding (including divorce, separate maintenance, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence) concerning the custody or parenting time of the child(ren), in this state or any other state, except: Specify case name and number, court name and address, and date of child

custody determination, if one.

5.I do not know of any pending proceeding that could affect the current child custody proceeding, including a proceeding for enforcement or a proceeding relating to domestic violence, a protective order, termination of parental rights, or adoption, in this state or any other state, except: Specify case name and number, court name and address, and nature of the proceeding.

That proceeding    is continuing.    has been stayed by the court.

Temporary action by this court is necessary to protect the child(ren) because the child(ren) has/have been subjected to or threatened with mistreatment or abuse or is/are otherwise neglected or dependent. Attach explanation.

6.I do not know of any person who is not already a party to this proceeding who has physical custody of, or who claims rights of legal or physical custody of, or parenting time with, the child(ren), except: State name(s) and address(es) of each person.

7. The child(ren)’s “home state” is

 

. See next page for definition of “home state.”

 

 

 

 

 

 

Approved, SCAO

Distribute form to:

Form MC 416, Rev. 3/21

Court

MCL 722.1206, MCL 722.1209

FOC (if applicable)

Page 1 of 2

Defendant/Respondent

 

Plaintiff/Petitioner

Uniform Child Custody Jurisdiction Enforcement Act Affidavit  (3/21) 

Case No.

Page 2 of 2

 

8. I state that a party’s or child’s health, safety, or liberty would be put at risk by the disclosure of this identifying information.

I have filled this form out completely, and I acknowledge a continuing duty to advise this court of any proceeding in this state or any other state that could affect the current child-custody proceeding.

Signature of affiantName of affiant (type or print)Address of affiant

Subscribed and sworn to before me on

 

 

 

 

 

 

. 

Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deputy clerk/Notary public signature

 

 

My commission expires on

.

 

 

 

 

 

 

 

 

 

 

Name (type or print)

 

 

Notary public, State of Michigan, County of

 

 

 

. Acting in the County of

 

.

 

This notarial act was performed using an electronic notarization system or a remote electronic notarization platform.

“Home state” means the state in which the child(ren) lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than 6 months of age, the term means the state in which the child lived from birth with a parent or person acting as a parent. A period of temporary absence of a parent or person acting as a parent is included as part of the period.

Form Characteristics

Fact Name Detail
Purpose The MC 416 form is used in Michigan to provide critical information regarding child custody cases and related parental rights.
Governing Laws The form is governed by Michigan Compiled Laws (MCL) 722.1206 and 722.1209, which outline the Uniform Child Custody Jurisdiction and Enforcement Act.
Affidavit Requirements The form includes a sworn affidavit, which requires the affiant to affirm the truthfulness of the information shared.
Child Information Affiants must provide the name and current address of each child involved in the custody case.
Residency History The form requires a list of addresses where the child has lived over the past five years.
Custodian Details Affiants must disclose the addresses of individuals with whom the child has lived during the past five years.
Prior Court Involvement The submitter must state any previous court decisions regarding custody or parenting time that may affect the current proceeding.
Pending Proceedings Affiants need to disclose any pending legal matters that could impact the custody case, particularly those related to domestic violence or parental rights.
Home State Definition The form defines the child's "home state" as the state where the child has lived with a parent for at least six consecutive months prior to the custody proceeding.
Disclosure Risks Affiants can claim that revealing identifying information could jeopardize the health or safety of a party or child involved in the case.

Guidelines on Utilizing Mc 416

Completing the MC 416 form is an important step in child custody proceedings. The form collects essential information about the children involved and any custody arrangement or court actions related to them. Below are the steps you need to follow to properly fill out this form.

  1. Start by entering the case number and the name of the judge at the top of the form.
  2. Specify the court address and court telephone number as indicated on the form.
  3. Fill in the case name, which usually includes the names of the parties involved.
  4. In the first section, provide the name and current address of each child under 18 years old.
  5. Next, list the addresses where the child(ren) has/have lived in the last 5 years.
  6. Fill out the third section with the names and current addresses of custodians with whom the child(ren) has/have lived during that same period.
  7. Answer the fourth question about any other court decisions that could impact custody, providing details like case name, number, court name, and date if applicable.
  8. In the next section, indicate if there are any pending proceedings that could affect custody, providing relevant details.
  9. Provide information about anyone claiming rights of custody or parenting time with the child(ren) and specify their names and addresses.
  10. Identify the "home state" of the child(ren) based on the legal definition provided in the instructions.
  11. State whether there is a risk to health, safety, or liberty if identifying information is disclosed, if possible.
  12. Sign the form and print your name, along with your address.
  13. Have the form notarized by a notary public to validate your signature.

After completing the form, make sure to keep copies for your records and distribute them as required. This would include submitting it to the appropriate court and possibly notifying involved parties or legal representatives.

What You Should Know About This Form

What is the MC 416 form?

The MC 416 form is a uniform child custody affidavit used in Michigan. It serves to provide essential information concerning the custody and parenting time of children involved in a custody case. This form is an important part of the judicial process in determining custody arrangements and ensuring the best interest of the child is prioritized.

Who needs to fill out the MC 416 form?

What information is required on the MC 416 form?

The form asks for basic information about the children involved, including their names and addresses. It also requests information on where the children have lived over the past five years, as well as details about any previous custody-related court proceedings. Additionally, you need to disclose any relevant pending cases that may impact the current proceedings.

What does "home state" mean in this context?

The "home state" refers to the state where the child lived with a parent or acting parent for at least six consecutive months just before the custody case began. If a child is less than six months old, the home state is where the child was living from birth. This designation is important for jurisdiction purposes in custody cases.

How does the MC 416 form impact the custody case?

Filling out the MC 416 form accurately is crucial. It informs the court about the child's living situation and any relevant past or pending legal matters. This information helps the court make informed decisions regarding custody and parenting time that are in the best interest of the child.

What happens if you do not provide accurate information on this form?

Providing false or incomplete information can have serious consequences. It may affect the outcome of the custody case and could even lead to legal penalties for misrepresentation. Always ensure that all details on the form are truthful and complete.

Do I have to file this form in person?

Filing procedures can vary by jurisdiction. In many cases, you can submit the MC 416 form by mail, electronically, or in person at the courthouse. Check with your local court to confirm the acceptable methods for filing this form.

What should I do if I have concerns about privacy while filling out the form?

If you believe that disclosing specific information could endanger yourself or the child, you can indicate this on the MC 416 form and provide a brief explanation. The court takes the safety and wellbeing of children seriously and will consider these concerns when reviewing the form.

Common mistakes

When filling out the MC 416 form, people can easily make mistakes that could affect their custody case. Here are eight common errors to watch for.

One frequent mistake is not providing complete addresses for the children. Each child’s current address is critical for the court to understand their living situation. Omitting this information could delay the case or lead to misunderstandings.

Another common error involves the history of addresses where the child has lived. Many forget to include all the addresses from the last five years. It’s important to provide this information to give a clear picture of the child’s living arrangements.

Many individuals also fail to list all custodians who have had physical custody in the past five years. This includes any relatives or caregivers. If these custodians are not mentioned, it may appear that critical information has been left out, which can impact the court's decisions.

People often skip over question four about other court decisions related to custody. It's crucial to mention any related cases, as failure to do so might give the impression that the individual is hiding information.

Question five asks about pending proceedings that could affect the current custody situation. Not addressing this question can lead to complications in the case. Situations involving protective orders or ongoing custody disputes must be disclosed.

Some individuals might not include other parties who have custody claims. This is another oversight. Listing anyone with legal rights to the child ensures that all relevant parties are accounted for in the custody discussion.

Another mistake involves not confirming the "home state" of the child. If the home state is inaccurately recorded, it could complicate legal jurisdiction matters and lead to further issues down the line.

Finally, some people overlook their responsibility to update the court about changes in custody circumstances. Acknowledging this duty on the form is vital. Changes can occur, and keeping the court informed is necessary to safeguard the child’s interests.

By paying attention to these potential pitfalls, individuals can help ensure that the MC 416 form is filled out correctly.

Documents used along the form

The MC 416 form is essential in custody cases, serving as an affidavit related to the Uniform Child Custody Jurisdiction and Enforcement Act. Various other forms and documents work alongside it to provide a comprehensive overview of the custody situation. Here are some frequently used forms.

  • MC 20: Custody Order - This document outlines the legal custody arrangement for a child, specifying who has the right to make decisions regarding the child's upbringing.
  • MC 21: Parenting Time Order - This form details the schedule and conditions under which parents can spend time with their child, ensuring a clear understanding of visitation rights.
  • MC 22: Motion for Modification of Custody - Filed when a parent wishes to change an existing custody order, this document details the reasons for the modification request.
  • MC 23: Motion for Parenting Time - Used to request enforcement or modification of the existing parenting time schedule, this document explains why the current terms need alteration.
  • MC 24: Affidavit about Child Support - This affidavit provides necessary information related to child support obligations, ensuring financial responsibilities are clear.
  • MC 25: Certificate of Service - This document serves to confirm that copies of court documents have been properly served to all relevant parties involved in the case.

These documents collectively maintain a structured process in child custody matters, ensuring all parties are informed and that the child's best interests are prioritized.

Similar forms

The MC 416 form serves as a critical document in child custody cases. Similar forms help streamline and facilitate various legal processes related to family law. Here are five documents that share similarities with the MC 416 form:

  • Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit - This affidavit establishes a child's home state and addresses jurisdiction issues between states about child custody matters, similar to how the MC 416 focuses on jurisdiction and relevant prior custody proceedings.
  • Child Custody and Parenting Time Order - This order outlines the specific custody arrangement and visitation rights between parents. Both documents are essential in determining custody and present information concerning the child's living situations.
  • Motion for Custody - This motion is filed to request changes in custody arrangements. Like the MC 416, it requires detailed information regarding the parents, children, and previous custody arrangements, ensuring the court has necessary context.
  • Guardian Ad Litem Appointment - This document appoints a guardian ad litem to represent the child's best interests. Similar to the MC 416, this document focuses on circumstances surrounding custody and the welfare of the child.
  • Protective Order - Filed to protect a child from potential harm, this order addresses safety concerns. The MC 416 form similarly highlights situations where a child's health or safety may be at risk, facilitating a swift judicial response.

Dos and Don'ts

When filling out the MC 416 form, it’s essential to follow specific guidelines to ensure accuracy and efficiency. Here’s a list of what to do and what to avoid:

  • Do read the instructions carefully before starting.
  • Do provide complete and accurate information for each child listed.
  • Do specify relevant case names and numbers clearly when required.
  • Do keep a copy of the completed form for your records.
  • Do sign and date the form appropriately before submission.
  • Don’t leave any sections of the form blank; incomplete forms may be rejected.
  • Don’t provide false or misleading information; this can have serious legal consequences.
  • Don’t forget to check for any additional attachments that may be required.
  • Don’t submit outdated versions of the form; always use the latest revision.
  • Don’t neglect to follow up with the court after submission to confirm receipt.

Misconceptions

  • Misconception 1: The MC 416 form is only for divorcing parents.

    This form is relevant for any custody situation, not just divorces. Situations involving guardianship, dependency, and other custody arrangements also require the MC 416.

  • Misconception 2: You don’t need to disclose previous court cases.

    Failing to provide information about other court decisions related to the child can lead to complications. Full transparency is crucial for the judge’s understanding of the situation.

  • Misconception 3: The child’s “home state” is unimportant.

    The concept of “home state” is essential. It affects jurisdiction and which court has the authority to decide custody matters.

  • Misconception 4: You can submit the form without gathering necessary addresses.

    All addresses of where the child has lived are required. Missing this information can delay your case or result in additional questions from the court.

  • Misconception 5: Anyone can fill out the MC 416 form.

    This form must be completed by an individual involved in the custody proceeding, typically a parent or legal guardian. It is important for accuracy and accountability.

  • Misconception 6: Notarization is optional for the MC 416.

    Notarization is a critical step in validating the form. Skipping this step could render the submission invalid and impact the case’s progress.

Key takeaways

Here are some key takeaways regarding the MC 416 form, used in child custody cases:

  • Purpose: This form is designed to provide important information as part of the Uniform Child Custody Jurisdiction Enforcement Act.
  • Children’s Information: It requires the names and current addresses of all children involved in the custody case.
  • Addresses of Residency: You must list all addresses where the child has lived in the last five years.
  • Custodian Details: The names and addresses of custodians who lived with the child in the last five years must also be included.
  • Previous Court Proceedings: Disclose any previous custody-related court decisions or orders, or state that there have been none.
  • Pending Proceedings: Indicate if there are any ongoing legal actions that might affect the custody case.
  • Home State Definition: Identify the child's "home state," which is where the child lived for six consecutive months before the current custody filing.
  • Confidentiality Concerns: If necessary, state why revealing certain identifying information could put a party’s or child’s safety at risk.

Filling out this form carefully and completely is essential. It ensures that the court has all the necessary information to make informed decisions regarding custody and parenting time.