May 25, 2005, Introduced by Senators JELINEK, ALLEN, HARDIMAN and BIRKHOLZ and referred to the Committee on Families and Human Services.
A bill to amend 1970 PA 91, entitled
"Child custody act of 1970,"
by amending section 3 (MCL 722.23), as amended by 1993 PA 259.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. As used in this act, "best interests of the child"
means the sum total of the following factors to be considered,
evaluated, and determined by the court:
(a) The love, affection, and other emotional ties existing
between the parties involved and the child.
(b) The capacity and disposition of the parties involved to
give the child love, affection, and guidance and to continue the
education and raising of the child in his or her religion or creed,
if any.
(c) The capacity and disposition of the parties involved to
provide the child with food, clothing, medical care or other
remedial care recognized and permitted under the laws of this state
in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable,
satisfactory environment, and the desirability of maintaining
continuity.
(e) The permanence, as a family unit, of the existing or
proposed custodial home or homes.
(f) The moral fitness of the parties involved, including, but
not limited to, evidence of controlled substance abuse or
commission of a controlled substance offense. As used in this
subdivision:
(i) "Controlled substance" means that term as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(ii) "Controlled substance abuse" means either the frequent and
routine consumption of a controlled substance in an amount
exceeding the dosage recommended by the prescriber or the recent
consumption of a controlled substance for which the user had no
prescription or for which no prescription is available.
(iii) "Controlled substance offense" means a violation of part
74 of the public health code, 1978 PA 368, MCL 333.7401 to
333.7461.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court
considers the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parties to
facilitate and encourage a close and continuing parent-child
relationship between the child and the other parent or the child
and the parents.
(k) Domestic violence, regardless of whether the violence was
directed against or witnessed by the child.
(l) Any other factor considered by the court to be relevant to
a particular child custody dispute.