Challenging a Custody Order Issued Without Proper Notice
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 27, 2026
Legal Inquiry
Consumer Legal Issue
My child’s father filed for full custody and I did not get a notice for it.
No I have not and yes I do.
Attorney Answer
A custody order entered without proper notice to you may be void, and you can ask the court to set it aside — but you need to move immediately, because Michigan also imposes a strict 21-day deadline to appeal.
Under Michigan Court Rules § 2.612, a party can move to set aside a judgment or order that is void, including one entered without proper notice or service — if you were never notified of the hearing that awarded full custody, this rule may allow the court to vacate that order. Separately, Michigan Court Rules § 7.204 requires a claim of appeal in a domestic-relations case to be filed within 21 days after the order is entered (or within 21 days after a timely postjudgment motion is decided). Because these two paths carry different requirements and deadlines, which one applies depends on the specific facts and timing of your case.
What you can do:
1. Consult a Michigan family law attorney immediately — not eventually — to determine whether a motion to set aside the order, a claim of appeal, or both, is the right path.
2. Gather proof showing you were never served or notified of the hearing.
3. If you have documented evidence about the father's home environment, bring it to your attorney so it can be presented to the court on a best-interests basis.
4. Do not wait for a future hearing to act — any appeal deadline is already running now.
⏱ Time limits apply. Michigan imposes a 21-day deadline under MCR 7.204 to appeal a domestic-relations order, and a motion to set aside a void order for lack of notice should also be filed promptly. Consult a local attorney right away to confirm exactly how these deadlines apply to your situation.
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Frequently Asked Questions
Can a custody order be overturned if a parent was never notified of the hearing?
In many states, a court may set aside an order entered without proper notice or service to a party, since due process generally requires that both parents receive notice of custody proceedings.
How much time does a parent have to appeal a custody decision?
Many states impose a short deadline, sometimes just a few weeks, to file an appeal in a family law matter, so prompt consultation with an attorney is important.
What evidence matters most in a custody dispute?
Courts generally decide custody based on the child's best interests, so documentation of each parent's home environment, involvement, and any safety concerns can be significant.
