HOUSE BILL No. 4778

 

June 16, 2011, Introduced by Reps. Rogers, Denby, Callton, Heise, Liss, McMillin, Olson, Haines, Moss, Johnson, Nathan, Horn, Geiss, LeBlanc, Hooker, Knollenberg, Zorn, Genetski and Lori and referred to the Committee on Judiciary.

 

     A bill to amend 1970 PA 91, entitled

 

"Child custody act of 1970,"

 

by amending sections 5 and 6a (MCL 722.25 and 722.26a), section 5

 

as amended by 1993 PA 259 and section 6a as added by 1980 PA 434.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) If a child custody dispute is between the parents,

 

between agencies, or between third persons, the best interests of

 

the child control, subject to the presumption of joint custody

 

under section 6a. If the child custody dispute is between the

 

parent or parents and an agency or a third person, the court shall

 

presume that the best interests of the child are served by awarding

 

custody to the parent or parents, unless the contrary is

 

established by clear and convincing evidence.

 

     (2) Notwithstanding other provisions of this act, if a child

 

custody dispute involves a child who is conceived as the result of


 

acts for which 1 of the child's biological parents is convicted of

 

criminal sexual conduct as provided in sections 520a to 520e and

 

520g of the Michigan penal code, Act No. 328 of the Public Acts of

 

1931, being sections 1931 PA 328, MCL 750.520a to 750.520e and

 

750.520g, of the Michigan Compiled Laws, the court shall not award

 

custody to the convicted biological parent. This subsection does

 

not apply to a conviction under section 520d(1)(a) of the Michigan

 

penal code, Act No. 328 of the Public Acts of 1931, being section

 

1931 PA 328, MCL 750.520d. of the Michigan Compiled Laws. This

 

subsection does not apply if, after the date of the conviction, the

 

biological parents cohabit and establish a mutual custodial

 

environment for the child.

 

     (3) Notwithstanding other provisions of this act, if an

 

individual is convicted of criminal sexual conduct as provided in

 

sections 520a to 520e and 520g of Act No. 328 of the Public Acts of

 

1931 the Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520e

 

and 750.520g, and the victim is the individual's child, the court

 

shall not award custody of that the child or a sibling of that the

 

child to that the individual, unless both the child's other parent

 

and, if the court considers the child or sibling to be of

 

sufficient age to express his or her desires, the child or sibling

 

consent to the custody.

 

     Sec. 6a. (1) In a custody or parenting time dispute between

 

parents, the court shall order joint custody unless the court

 

determines by clear and convincing evidence that a parent is unfit,

 

unwilling, or unable to care for the child. A parent may only be

 

determined to be unfit under this section if the parent's parental


 

rights are subject to termination under section 19b of chapter XIIA

 

of the probate code of 1939, 1939 PA 288, MCL 712A.19b.

 

     (2) (1) In a custody disputes 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.

 

     (b) Whether the parents will be able to cooperate and

 

generally agree concerning important decisions affecting the

 

welfare of the child.not awarding joint custody.

 

     (3) (2) 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 arrangement unless 1 parent is found by clear and convincing

 

evidence to be unfit.

 

     (4) (3) If the court awards joint custody, the court may

 

include in its award a statement regarding when the child shall

 

reside with each parent, or may shall issue a specific parenting

 

time schedule for each parent and shall provide that physical

 

custody be is shared by the parents in a manner to assure the child

 

continuing contact with both parents for specific and substantially

 

equal periods of time.

 

     (5) (4) During the time a child resides with a parent, that


 

parent shall decide all routine matters concerning the child.

 

     (6) (5) If there is a dispute regarding residency, the court

 

shall state the basis for a residency award on the record or in

 

writing.

 

     (7) (6) Joint custody shall does not eliminate the

 

responsibility 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,

 

shall does not constitute grounds for modifying a support order.

 

     (8) (7) As used in this section, "joint custody" means an

 

order of the court in which 1 or both of the following is are

 

specified:

 

      (a) That the child shall reside resides alternately for

 

specific and substantially equal periods of time with each of the

 

parents parent.

 

      (b) 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.