House Introduced Bill 6305

HOUSE BILL No. 6305

September 17, 2002, Introduced by Rep. Wojno and referred to the Committee on Family and Children Services.

A bill to amend 1970 PA 91, entitled

"Child custody act of 1970,"

by amending sections 7, 7a, and 9 (MCL 722.27, 722.27a, and

722.29), section 7 as amended by 2001 PA 108, section 7a as

amended by 1996 PA 19, and section 9 as amended by 1999 PA 156.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 7. (1) If a child custody dispute has been submitted

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to the circuit court as an original action under this act or has

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arisen incidentally from another action in the circuit court or

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an order or judgment of the circuit court, for the best interests

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of the child the court may do 1 or more of the following:

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(a) Award the custody of the child to 1 or more of the par-

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ties involved or to others and provide for payment of support for

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the child, until the child reaches 18 years of age. Subject to

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section 5b of the support and parenting time enforcement act,

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1982 PA 295, MCL 552.605b, the court may also order support as

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provided in this section for a child after he or she reaches

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18 years of age. The court may require that support payments

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shall be made through the friend of the court CHILD, court

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clerk, or state disbursement unit.

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(b) Provide for reasonable parenting time of the child by

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the parties involved, by the maternal or paternal grandparents,

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or by others, by general or specific terms and conditions.

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Parenting time of the child by the parents is governed by

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section 7a.

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(c) Modify or amend its previous judgments or orders for

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proper cause shown or because of change of circumstances until

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the child reaches 18 years of age and, subject to section 5b of

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the support and parenting time enforcement act, 1982 PA 295, MCL

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552.605b, until the child reaches 19 years and 6 months of age.

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The court shall not modify or amend its previous judgments or

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orders or issue a new order so as to change the established cus-

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todial environment of a child unless there is presented clear and

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convincing evidence that it is in the best interest of the

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child. The custodial environment of a child is established if

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over an appreciable time the child naturally looks to the custo-

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dian in that environment for guidance, discipline, the necessi-

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ties of life, and parental comfort. The age of the child, the

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physical environment, and the inclination of the custodian and

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the child as to permanency of the relationship shall also be

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considered.

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(d) Utilize a guardian ad litem or the community resources

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in behavioral sciences and other professions in the investigation

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and study of custody disputes and consider their recommendations

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for the resolution of the disputes.

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(e) Take any other action considered to be necessary in a

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particular child custody dispute.

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(f) Upon petition consider the reasonable grandparenting

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time of maternal or paternal grandparents as provided in section

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7b and, if denied, make a record of the denial.

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(2) A judgment or order entered under this act providing for

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the support of a child is governed by and is enforceable as pro-

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vided in the support and parenting time enforcement act, 1982 PA

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295, MCL 552.601 to 552.650. If this act contains a specific

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provision regarding the contents or enforcement of a support

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order that conflicts with a provision in the support and parent-

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ing time enforcement act, 1982 PA 295, MCL 552.601 to 552.650,

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this act controls in regard to that provision.

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Sec. 7a. (1) Parenting time shall be granted in accordance

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with the best interests of the child. It is presumed to be in

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the best interests of a child for the child to have a strong

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relationship with both of his or her parents. Except as other-

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wise provided in this section, parenting time shall be granted to

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a parent in a frequency, duration, and type reasonably calculated

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to promote a strong relationship between the child and the parent

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granted parenting time.

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(2) If the parents of a child agree on parenting time terms,

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the court shall order the parenting time terms unless the court

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determines on the record by clear and convincing evidence that

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the parenting time terms are not in the best interests of the

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child.

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(3) A child has a right to parenting time with a parent

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unless it is shown on the record by clear and convincing evidence

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that it would endanger the child's physical, mental, or emotional

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health.

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(4) Notwithstanding other provisions of this act, if a pro-

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ceeding regarding parenting time involves a child who is con-

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ceived as the result of acts for which 1 of the child's biologi-

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cal parents is convicted of criminal sexual conduct as provided

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in sections 520a to 520e and 520g of the Michigan penal code,

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Act No. 328 of the Public Acts of 1931, being sections 750.520a

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to 750.520e and 750.520g of the Michigan Compiled Laws 1931

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PA 328, MCL 750.520A TO 750.520E AND 750.520G, the court shall

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not grant parenting time to the convicted biological parent.

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This subsection does not apply to a conviction under

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section 520d(1)(a) of Act No. 328 of the Public Acts of 1931,

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being section 750.520d of the Michigan Compiled Laws THE

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MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520D. This subsection

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does not apply if, after the date of the conviction, the biologi-

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cal parents cohabit and establish a mutual custodial environment

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for the child.

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

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individual is convicted of criminal sexual conduct as provided in

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

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of 1931 THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520A TO

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750.520E AND 750.520G, and the victim is the individual's child,

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the court shall not grant parenting time with that child or a

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sibling of that child to that individual, unless both the child's

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other parent and, if the court considers the child or sibling to

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be of sufficient age to express his or her desires, the child or

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sibling consent to the parenting time.

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(6) The court may consider the following factors when deter-

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mining the frequency, duration, and type of parenting time to be

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granted:

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(a) The existence of any special circumstances or needs of

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the child.

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(b) Whether the child is a nursing child less than 6 months

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of age, or less than 1 year of age if the child receives substan-

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tial nutrition through nursing.

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(c) The reasonable likelihood of abuse or neglect of the

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child during parenting time.

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(d) The reasonable likelihood of abuse of a parent resulting

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from the exercise of parenting time.

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(e) The inconvenience to, and burdensome impact or effect

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on, the child of traveling for purposes of parenting time.

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(f) Whether a parent can reasonably be expected to exercise

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parenting time in accordance with the court order.

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(g) Whether a parent has frequently failed to exercise rea-

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sonable parenting time.

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(h) The threatened or actual detention of the child with the

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intent to retain or conceal the child from the other parent or

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from a third person who has legal custody. A custodial parent's

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temporary residence with the child in a domestic violence shelter

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shall not be construed as evidence of the custodial parent's

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intent to retain or conceal the child from the other parent.

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(i) Any other relevant factors.

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(7) Parenting time shall be granted in specific terms if

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requested by either party at any time.

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(8) A parenting time order may contain any reasonable terms

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or conditions that facilitate the orderly and meaningful exercise

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of parenting time by a parent, including 1 or more of the

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following:

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(a) Division of the responsibility to transport the child.

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(b) Division of the cost of transporting the child.

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(c) Restrictions on the presence of third persons during

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parenting time.

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(d) Requirements that the child be ready for parenting time

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at a specific time.

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(e) Requirements that the parent arrive for parenting time

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and return the child from parenting time at specific times.

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(f) Requirements that parenting time occur in the presence

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of a third person or agency.

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(g) Requirements that a party post a bond to assure compli-

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ance with a parenting time order.

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(h) Requirements of reasonable notice when parenting time

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will not occur.

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(i) Any other reasonable condition determined to be appro-

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priate in the particular case.

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(9) During the time a child is with a parent to whom

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parenting time has been awarded, that parent shall decide all

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routine matters concerning the child.

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(10) Prior to BEFORE entry of a temporary order, a parent

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may seek an ex parte interim order concerning parenting time. If

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the court enters an ex parte interim order concerning parenting

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time, the party on whose motion the ex parte interim order is

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entered shall have a true copy of the order served on the friend

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of the court CHILD and the opposing party.

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(11) If the opposing party objects to the ex parte interim

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order, he or she shall file with the clerk of the court within 14

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days after receiving notice of the order a written objection to,

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or a motion to modify or rescind, the ex parte interim order.

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The opposing party shall have a true copy of the written objec-

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tion or motion served on the friend of the court CHILD and the

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party who obtained the ex parte interim order.

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(12) If the opposing party files a written objection to the

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ex parte interim order, the friend of the court CHILD shall

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attempt to resolve the dispute within 14 days after receiving

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it. If the matter cannot be resolved, the friend of the court

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CHILD shall provide the opposing party with a form motion and

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order with written instructions for their use in modifying or

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rescinding the ex parte order without assistance of counsel. If

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the opposing party wishes to proceed without assistance of coun-

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sel, the friend of the court CHILD shall schedule a hearing

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with the court that shall be held within 21 days after the filing

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of the motion. If the opposing party files a motion to modify or

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rescind the ex parte interim order and requests a hearing, the

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court shall resolve the dispute within 28 days after the hearing

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is requested.

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(13) An ex parte interim order issued under this section

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shall contain the following notice:

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NOTICE:

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1. You may file a written objection to this order or a

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motion to modify or rescind this order. You must file the writ-

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ten objection or motion with the clerk of the court within 14

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days after you were served with this order. You must serve a

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true copy of the objection or motion on the friend of the court

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CHILD and the party who obtained the order.

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2. If you file a written objection, the friend of the

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court CHILD must try to resolve the dispute. If the friend of

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the court CHILD cannot resolve the dispute and if you wish to

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bring the matter before the court without the assistance of coun-

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sel, the friend of the court CHILD must provide you with form

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pleadings and written instructions and must schedule a hearing

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with the court.

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Sec. 9. The department, the SDU, and each office of the

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friend of the court CHILD shall cooperate in the transition to

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the centralized receipt and disbursement of support and fees. An

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office of the friend of the court shall continue to receive and

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disburse support and fees through the transition, based on the

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schedule developed as required by section 6 7 of the office of

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child support act, 1971 PA 174, MCL 400.236 400.237, and

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modifications to that schedule as the department considers

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necessary.

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Enacting section 1. This amendatory act does not take

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effect unless Senate Bill No. _____ or House Bill No. 6317

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(request no. 07684'02) of the 91st Legislature is enacted into

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law.

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