Topic
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What is it?
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Where do I go?
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Adoption
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Legally taking parental responsibilities for a child.
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The Family Division of the court where the minor or the
petitioner resides.
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Child Protection Proceedings
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Protection of a child under age 18 in situations where the
child is being abused or neglected.
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The Family Division of the court where the minor resides
or the offense against the child occurred. Initial
reporting of suspected child abuse or neglect should be
made to law enforcement and/or F.I.A.
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C1aims Against the State
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Cases against the State of Michigan.
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The Court of Claims is located in the Ingham County
Circuit Court in Lansing.
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Conservatorship
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The determination of who has the legal duty and power to
manage and protect the estate of a person under age 18, or
the estate of a person 18 years or older, who, because of
some legal disability such as incompetence, is unable to
manage the estate themselves.
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The Probate Division of the Unified Trial Court where the
person resides, or, if the person is a nonresident where
the property is located. However, if the person is under
age 18, and the matter arises out of a protective
proceeding, a delinquency proceeding or a domestic
relations custody case, then the Family Division of the
court.
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Custody
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The determination of which person shall be responsible for
primary care, of child(ren) under the age of 13.
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The court where the divorce judgment was granted. If there
was no divorce, then the Family Division where the
plaintiff resides.
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Decedent's Estates
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A case involving the administration by the court of the
assets of a deceased or disappeared person.
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The Probate Division of the Unified Trial Court where the
deceased resided or if the deceased was not a resident of
Michigan, in the county where the deceased left property.
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Delinquency
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An offense committed by a child under 17 years of age
which would be a criminal offense if committed by an
adult, including misdemeanor traffic offenses.
Delinquency cases may also include status offenses such as
Home Incorrigibility. Home Truancy, School Incorrigibility
and School Truancy.
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The Family Division where the minor resides or the offense
was committed
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Divorce
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The termination of a marriage.
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The Family Division where either party resides.
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Driver's License Restoration
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A hearing at the end of a period of license revocation or
suspension to reinstate driving privileges.
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The Circuit Division in the county where the person
resides.
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Emancipation
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The legal way a minor between the ages of 16 to 18 can be
granted adult civil rights, except those otherwise
prescribed by law.
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The Family Division where the minor resides.
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Felony
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The most serious category of criminal offenses punishable
by more than 1 year in prison
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Felonies involving persons under 17 years of age are
handled as delinquency cases in the Family Division of the
Unified Trial Court where the minor resides. In some
situations, the charge may be waived to the criminal
division of the Circuit or can carry adult sentencing
penalties in the Family Division. For felonies involving
persons 17 years or older, the District Division where the
offense occurred handles the initial stages of arraignment
on the complaint and preliminary examination. If the
District Division finds sufficient evidence, the case is
bound over or transferred to the Circuit Division. The
Circuit Division then handles the case after bindover
including the arraignment on the information, pretrial,
trial, plea and sentencing. If the defendant intends to
plead guilty before a pretrial, the plea and sentencing
will be handled in the District Division courtroom. The
file will be transferred to the county clerk's office
after sentencing.
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General Civil
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Cases involving lawsuits between two or more parties
seeking money damages, injunctions, or equitable relief
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In general it depends on the amount of the dispute. Claims
of $25,000 or less are handled in the District Division.
Claims greater than $25,000 are handled in the Circuit
Division. Only the Circuit Division can handle cases
involving equitable relief.
Venue may be proper in more than one court location.
Typically, a case may be filed either where the defendant
resides, has a place of business, conducts business or has
a registered office. Sometimes the case may also be filed
where the action arose.
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Guardianship
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The determination of who has the legal duty and power to
care for a person under age 18 years or a person 18 years
or older, who because of some legal disability such as
incompetence, is considered unable to care for him/herself
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The Probate Division where the person resides or is found.
However, if the person is under age 18, and the matter
arises out of a protective proceeding, a delinquency
proceeding or a domestic relations custody case, then the
Family Division.
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Landlord/Tenant
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Proceedings to recover possession of premises and/or
obtain a money judgment.
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The District Division where the premises are located. If
there is a claim for a money judgement on a
landlord/tenant case, the District Division has
jurisdiction up to $25,000. If a claim for money judgement
exceeds that amount, the District Division will determine
the possession issue and the Circuit Division will
determine the money portion. The case will not leave the
District Clerk's possession until the money judgment
is entered, since all judges have Circuit authority.
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Marriage
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The creation of a legal relationship between a husband and
wife.
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The District or Probate Divisions of the Unified Trial
Court.
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Mentally Impaired Proceedings
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Cases involving mental illness or development
disabilities.
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The Probate Division where the mentally ill person
resides.
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Misdemeanor
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Crimes of a less serious nature that usually carry a
maximum jail term of one year, including traffic
misdemeanors.
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Misdemeanors are handled by the District Division where
the offense took place. Some misdemeanors are punishable
by more than one year in jail but are processed in the
same manner as felonies. If the case involves a juvenile
under 17 years of age, the case would be handled as a
delinquency case in the Family Division.
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Municipal Civil Infractions
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Non-traffic civil infractions such as building code,
nuisance, trail ways, dog, park and curfew offenses that
are violations of a local ordinance.
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The District Division of the Unified Trial Court.
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Name Changes
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Actions involving change of names.
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The Family Division where the petitioner has resided for a
minimum 1-year period.
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Parenting Time
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The determination of time spent with the non-custodial
parent.
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The Family Division of the Unified Trial Court.
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Parking Tickets
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Improper parking violations.
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See the section under traffic and parking Civil
Infractions.
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Paternity
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The determination of legal fatherhood.
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The Family Division where the plaintiff resides.
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Personal Protection Orders
(PPO)
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Actions seeking protection from individuals for criminal
stalking or domestic abuse.
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Filing for a PPO is handled in the County Clerk's
office. Any judge of the Unified Trial Court will issue an
order and handle the hearing.
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Small Claims
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Cases where the amount claimed does not exceed
$1,750. There are no lawyers or juries and no right
to appeal.
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The Family Division judges handle these cases. Cases are
filed in the District Division in Crawford and Kalkaska
Counties, and in the County Clerk's office in Otsego
County.
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State Law Civil Infractions
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Non-traffic civil infractions that are violations of a
state law.
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The District Division of the Unified Trial Court.
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Support
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The determination of the amount of money for care of a
child or spouse.
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The court where the divorce judgment was granted. If there
was no divorce, then the Family Division where the
plaintiff resides.
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Traffic and Parking Civil
Infractions
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Traffic offenses not serious enough to be classified as
crimes, but serious enough to deserve sanctions other than
jail. They include minor traffic violations such as
speeding and parking violations.
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The District Division of the Unified Trial Court.
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Waiver of Parental Consent of
Abortion
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Cases involving minors seeking an abortion without
parental consent.
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The Family Division where the minor resides
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Wills and Trusts
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Issues concerning the validity or interpretation of a will
or trust. Also, the safekeeping of wills.
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The Probate Division where the deceased resided or the
estate is located.
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