October 6, 2005, Introduced by Reps. Mortimer, Gosselin, Hoogendyk, Sheen, Vander Veen, Huizenga, Hummel, Ward, Taub, Caswell and Gaffney 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 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 has attended during the previous 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 to mediation to determine a
custody agreement that maximizes both parents' ability to
participate equally in a relationship with their 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.
(2)
(1) In If subsection (1) does not apply 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 maintain
the child's school schedule and generally agree concerning
important decisions affecting the welfare of the child.
(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.
(4) (3)
If the court awards joint custody, the court may
shall include in its award a statement regarding when the child
shall
reside resides with each parent , or may and shall provide
that
physical custody 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.
(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.