Michigan Compiled Laws

Mich. Comp. Laws § 722.26e (2026)

Custody action by third person; notice; powers of court.

✓ current as of July 2026

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CHILD CUSTODY ACT OF 1970

Act 91 of 1970

722.26e Custody action by third person; notice; powers of court.

Sec. 6e.

(1) A third person filing an action under section 6c shall send notice of the action to each party who has legal custody of the child and to each parent whose parental rights have not been terminated.

(2) In addition to other powers of the court, in an action under section 6c, the court may do any of the following:

(a) Appoint an attorney for a parent.

(b) Order that a necessary and reasonable amount of money be paid to the court for reimbursement of a party's attorney. A party may request an order under this subdivision. The moving party shall allege facts showing that the party is otherwise unable to bear the expense of the action. The court shall require the disclosure of attorney fees or other expenses paid.

(c) The court may award costs and fees as provided in section 2591 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.2591 of the Michigan Compiled Laws.

History: Add. 1993, Act 259, Imd. Eff. Nov. 29, 1993

Compiler's Notes:

Section 2 of Act No. 259 of the Public Acts of 1993 provided:

“Sections 6c to 6e as added by this amendatory act are remedial in nature and apply retroactively.”

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2001–2023 · leading case: Eldred v. Ziny, 631 N.W.2d 748 (Mich. Ct. App. 2001).

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Eldred v. Ziny, 631 N.W.2d 748 (Mich. Ct. App. 2001). “Ziny’s request that he be granted attorney fees pursuant to MCL 722.26e is denied because he did not make the required showing under the statute.”

P in Re Guardianship of Aurora Beverly Ann Hoggett (Mich. Ct. App. 2022). “Moreover, even if grandmother had standing, because mother’s fundamental right to parent AH was at stake, the Child Custody Act would have afforded mother numerous protections, including giving the court the ability to appoint counsel, MCL 722.26e, and requiring the court to…”

Elham Ma Amawi v. Steven Alan Deming (Mich. Ct. App. 2023). “MCL 722.26e(2)(a) (giving the trial court the authority to appoint a lawyer for a parent when a third party has initiated a custody dispute).”

— Mich. Comp. Laws § 722.26e(2)(a) — 1 case

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