Michigan Guardianship Notice Requirements

Who Must Receive Notice

Michigan Court Rules require formal notice to every interested person before a minor guardianship hearing can proceed. Under MCR 5.125(C)(19) and MCR 5.404, the following people must be served:

• Each parent whose parental rights have not been terminated
• The child, if they are 14 years old or older
• Any person who currently has physical care and custody of the child
• The proposed guardian (if different from the petitioner)
• Any existing court-appointed guardian or conservator

Failure to give required notice can delay the hearing or put the order at risk. Follow the court rules for every interested person.

Service Deadlines

Michigan gives you two methods, each with its own minimum timeline:

Personal service: Delivered in person to the interested party at least 7 days before the scheduled hearing date.

Mail service: The notice must be postmarked at least 14 days before the hearing.

Arrange service under the court rules and the probate court's instructions. The person who serves notice completes a Proof of Service form (SCAO Form PC 564), which must be filed with the court before the hearing.

Serving an Incarcerated Parent

This is one of the most common complications in kinship guardianship cases, and getting it wrong can unravel the entire proceeding.

Under MCR 2.004, when a parent is incarcerated in a Michigan Department of Corrections facility, you must:

1. Provide notice as directed by the court to the parent at the correctional facility
2. Notify the court that a parent is incarcerated so arrangements can be made for their participation
3. Arrange for the parent's participation by telephone or video conference with the court

The incarcerated parent has a right to participate in the hearing. If you skip this step and the court grants guardianship, the parent can petition to vacate the order later, and they'll likely succeed.

To locate a parent in the Michigan prison system, use the Michigan Department of Corrections Offender Tracking Information System (OTIS), which is publicly searchable online.

For a parent in a county jail, ask the probate court how to provide notice and arrange participation.

Serving a Missing Parent

When you genuinely cannot locate a parent after reasonable effort, Michigan allows substituted service by publication — but only with the court's permission.

The process:

1. Document your search efforts, such as checking last known addresses, contacting postal services and known relatives, and searching corrections databases such as OTIS or county jail rosters
2. File a motion with the probate court requesting permission for service by publication under MCR 5.105(A)(3)
3. If approved, publish the notice in a qualified newspaper as directed by the court

This adds time — the publication must appear for a specified period before the hearing can proceed. Start your search for the parent as soon as you decide to file, not after the petition is already on the court's calendar.

Serving an Out-of-State Parent

A parent who lives in another state must be served by certified mail with return receipt requested, or by personal service in accordance with MCR 2.105. If certified mail is returned as undeliverable, you may need to hire a process server in the parent's state or explore substituted service options through the court.

Waiver of Notice

An interested party can voluntarily waive their right to formal notice by signing SCAO Form PC 561 (Waiver/Consent). This is most useful when both parents cooperate with the guardianship — they sign the waiver, and the court can schedule and hold the hearing without the full notice timeline.

A waiver is voluntary. You cannot pressure someone into signing, and the court will reject a waiver that appears coerced.

Filing the Proof of Service

Before the hearing, file Proof of Service (PC 564) for every interested party. This form documents who was served, when, how (personal or mail), and by whom. The judge or referee reviews these at the start of the hearing to confirm due process was satisfied.

If a party cannot be located, ask the court to approve substituted service and provide evidence of your diligent search. A Proof of Service records completed service; it does not replace court approval for substituted service.

The Michigan Guardianship and Custody Court Process Guide includes a notice and service tracker worksheet designed specifically for complicated parental situations — incarceration, missing parents, out-of-state service — so you can document every step and show the court you've met the requirements.

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