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
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
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
Act No. 328 of the Public Acts of 1931, being section
PA 328, MCL 750.520d.
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
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
not award custody of
child or a sibling of that the
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.
(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.
Whether the parents will be able to cooperate and generally
agree concerning important decisions affecting the welfare
of the child.not awarding
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.
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
be is shared by the parents in a manner to assure the
contact with both parents 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.