SENATE BILL No. 657

September 20, 2001, Introduced by Senator STILLE and referred to the Committee on

Families, Mental Health and Human Services.

A bill to amend 1970 PA 91, entitled

"Child custody act of 1970,"

by amending sections 2, 6a, and 7 (MCL 722.22, 722.26a, and

722.27), section 2 as amended by 1999 PA 156, section 6a as added

by 1980 PA 434, and section 7 as amended by 2001 PA 108.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 2. As used in this act:

2 (a) "Agency" means a legally authorized public or private

3 organization, or governmental unit or official, whether of this

4 state or of another state or country, concerned in the welfare of

5 minor children, including a licensed child placement agency.

6 (b) "Attorney" means, if appointed to represent a child

7 under this act, an attorney serving as the child's legal advocate

8 in a traditional attorney-client relationship with the child, as

9 governed by the Michigan rules of professional conduct. An

04902'01 GWH

2

1 attorney defined under this subdivision owes the same duties of

2 undivided loyalty, confidentiality, and zealous representation of

3 the child's expressed wishes as the attorney would to an adult

4 client.

5 (c) "Child" means minor child and children. Subject to sec-

6 tion 4a 5B OF THE SUPPORT AND PARENTING TIME ENFORCEMENT ACT,

7 1982 PA 295, MCL 552.605B, for purposes of providing support,

8 child includes a child and children who have reached 18 years of

9 age.

10 (d) "Guardian ad litem" means an individual whom the court

11 appoints to assist the court in determining the child's best

12 interests. A guardian ad litem does not need to be an attorney.

13 (e) "Lawyer-guardian ad litem" means an attorney appointed

14 under section 4. A lawyer-guardian ad litem represents the

15 child, and has the powers and duties, as set forth in section 4.

16 (f) "State disbursement unit" or "SDU" means the entity

17 established in section 6 of the office of child support act, 1971

18 PA 174, MCL 400.236.

19 (g) "Third person" means any individual other than a

20 parent.

21 Sec. 6a. (1) In custody disputes between parents, the par-

22 ents shall be advised of joint custody. At the request of either

23 parent, the court shall consider an award of joint custody, and

24 shall state on the record the reasons for granting or denying a

25 request. In other cases, joint custody may be considered by the

26 court. The court shall determine whether joint custody is in the

27 best interest of the child by considering the following factors:

04902'01

3

1 (a) The factors enumerated in section 3.

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

3 ally agree concerning important decisions affecting the welfare

4 of the child.

5 (2) If the parents agree on joint custody, the court shall

6 award joint custody unless the court determines on the record,

7 based upon clear and convincing evidence, that joint custody is

8 not in the best interests of the child. IF THE CHILD IS AGE 12

9 OR OLDER, THE COURT SHALL ORDER JOINT PHYSICAL CUSTODY OF THE

10 CHILD UNLESS THE COURT DETERMINES ON THE RECORD, UPON CLEAR AND

11 CONVINCING EVIDENCE, THAT JOINT CUSTODY IS NOT IN THE BEST INTER-

12 ESTS OF THE CHILD.

13 (3) If the court awards joint custody, the court may include

14 in its award a statement regarding when the child shall reside

15 with each parent, or may provide that physical custody be shared

16 by the parents in a manner to assure the child continuing contact

17 with both parents. IF THE COURT AWARDS JOINT PHYSICAL CUSTODY OF

18 A CHILD, SUBJECT TO THE BEST INTERESTS OF THE CHILD, THE COURT

19 SHALL ORDER THAT THE CHILD RESIDE WITH EACH PARENT FOR A SUBSTAN-

20 TIALLY EQUAL AMOUNT OF TIME DURING EACH CALENDAR YEAR.

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

22 parent shall decide all routine matters concerning the child.

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

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

25 writing.

26 (6) Joint custody shall DOES not eliminate the

27 responsibility for child support. Each parent shall be IS

04902'01

4

1 responsible for child support based on the needs of the child and

2 the actual resources of each parent. If a parent would otherwise

3 be unable to maintain adequate housing for the child and the

4 other parent has sufficient resources, the court may order modi-

5 fied support payments for a portion of housing expenses even

6 during a period when the child is not residing in the home of the

7 parent receiving support. An order of joint custody, in and of

8 itself, shall DOES not constitute grounds for modifying a sup-

9 port order.

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

11 of the court in which 1 or both of the following is specified:

12 (a) That the child shall reside alternately for specific

13 periods with each of the parents.

14 (b) That the parents shall share decision-making authority

15 as to the important decisions affecting the welfare of the

16 child.

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

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

19 arisen incidentally from another action in the circuit court or

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

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

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

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

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

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

26 1982 PA 295, MCL 552.605b, the court may also order support as

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

04902'01

5

1 18 years of age. The court may require that support payments

2 shall be made through the friend of the court, court clerk, or

3 state disbursement unit.

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

5 the parties involved, by the maternal or paternal grandparents,

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

7 Parenting time of the child by the parents is governed by

8 section 7a.

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

10 proper cause shown or because of change of circumstances until

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

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

13 552.605b, until the child reaches 19 years and 6 months of age.

14 The SUBJECT TO SUBSECTION (2), THE court shall not modify or

15 amend its previous judgments or orders or issue a new order so as

16 to change the established custodial environment of a child unless

17 there is presented clear and convincing evidence that it is in

18 the best interest of the child. The custodial environment of a

19 child is established if over an appreciable time the child natu-

20 rally looks to the custodian in that environment for guidance,

21 discipline, the necessities of life, and parental comfort. The

22 age of the child, the physical environment, and the inclination

23 of the custodian and the child as to permanency of the relation-

24 ship shall also be considered.

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

26 in behavioral sciences and other professions in the investigation

04902'01

6

1 and study of custody disputes and consider their recommendations

2 for the resolution of the disputes.

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

4 particular child custody dispute.

5 (f) Upon petition consider the reasonable grandparenting

6 time of maternal or paternal grandparents as provided in section

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

8 (2) REGARDLESS OF AN ESTABLISHED CUSTODIAL ENVIRONMENT, IF,

9 AFTER A CHILD BECOMES 12 YEARS OF AGE, THE CHILD'S NONCUSTODIAL

10 PARENT SUBMITS A REQUEST FOR JOINT PHYSICAL CUSTODY, THE COURT

11 SHALL ORDER JOINT PHYSICAL CUSTODY OF THE CHILD UNLESS THE COURT

12 DETERMINES ON THE RECORD, UPON CLEAR AND CONVINCING EVIDENCE,

13 THAT JOINT CUSTODY IS NOT IN THE BEST INTERESTS OF THE CHILD. IF

14 THE COURT AWARDS JOINT PHYSICAL CUSTODY OF A CHILD, SUBJECT TO

15 THE BEST INTERESTS OF THE CHILD, THE COURT SHALL ORDER THAT THE

16 CHILD RESIDE WITH EACH PARENT FOR A SUBSTANTIALLY EQUAL AMOUNT OF

17 TIME DURING EACH CALENDAR YEAR.

18 (3) (2) A judgment or order entered under this act provid-

19 ing for the support of a child is governed by and is enforceable

20 as provided in the support and parenting time enforcement act,

21 1982 PA 295, MCL 552.601 to 552.650. If this act contains a spe-

22 cific provision regarding the contents or enforcement of a sup-

23 port order that conflicts with a provision in the support and

24 parenting time enforcement act, 1982 PA 295, MCL 552.601 to

25 552.650, this act controls in regard to that provision.

04902'01 Final page. GWH