June 17, 2009, Introduced by Reps. Calley, Rogers, Rick Jones, McMillin, Pearce, Agema, Knollenberg, LeBlanc, Kurtz, Huckleberry, Horn, Green, Hansen, Bolger, Haines, Moss, Denby, Dean, Amash and Genetski and referred to the Committee on Judiciary.
A bill to amend 1970 PA 91, entitled
"Child custody act of 1970,"
by amending section 6a (MCL 722.26a), as added by 1980 PA 434.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6a. (1) In a custody dispute between parents, the court
shall order joint custody unless either of the following applies:
(a) The court determines by clear and convincing evidence that
a parent is unfit, unwilling, or unable to care for the child.
(b) A parent moves his or her residence outside the school
district that the child attended during the 1-year period preceding
the initiation of the action and is unable to maintain the child's
school schedule without interruption. If a parent is unable to
maintain the child's school schedule, the court shall order that
the parents submit the dispute to mediation to determine a custody
agreement that maximizes both parents' ability to participate
equally in a relationship with the child while accommodating the
child's school schedule. A parent may restore joint custody by
demonstrating the ability to maintain the child's school schedule.
(1) In If subsection (1) does not apply in a custody
dispute between parents, the parents shall be advised of
joint custody. At the request of either parent, the court shall
consider an award of joint custody, and shall state on the record
the reasons for granting or denying a request. In other cases,
joint custody may be considered by the court. The court shall
determine whether joint custody is in the best interest of the
child by considering the following factors:
(a) The factors enumerated in section 3.
Whether the parents will be able to
cooperate maintain the
child's school schedule and generally agree concerning important
decisions affecting the welfare of the child.
If the parents agree on joint in writing to a custody
arrangement, the court shall
award joint grant that custody unless the
court determines on the record, based upon clear and convincing evidence,
that joint custody is not in the best interests of the child
If the court awards joint custody, the court may shall
in its award a statement regarding when the child
resides with each parent , or may and shall
be is shared by the parents in a manner to assure the
child continuing contact with both parents alternately for
specific and substantially equal periods of time.
During the time a child resides with a parent, that
parent shall decide all routine matters concerning the child.
If there is a dispute regarding residency, the court
shall state the basis for a residency award on the record or in
Joint custody shall does
not eliminate the
for child support. Each parent
shall be is
responsible for child support based on the needs of the child and
the actual resources of each parent. If a parent would otherwise be
unable to maintain adequate housing for the child and the other
parent has sufficient resources, the court may order modified
support payments for a portion of housing expenses even during a
period when the child is not residing in the home of the parent
receiving support. An order of joint custody, in and of itself,
does not constitute grounds for modifying a support
As used in this section, "joint custody" means an
of the court in which
1 or both of the following is are
That the child
shall reside resides
and substantially equal periods of
time with each
of the parents
That the parents
shall share decision-making authority as
to all of the important decisions affecting the welfare of the
child, including, but not limited to, the child's education,
religious training, and medical treatment.