SENATE BILL No. 1281

 

 

May 24, 2006, Introduced by Senators VAN WOERKOM, SANBORN, TOY, PATTERSON, CROPSEY, STAMAS and GILBERT 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.

 

     (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) Whether the child would reside in the same residence as an

 

individual required to be registered under the sex offenders

 

registration act, 1994 PA 295, MCL 28.721 to 28.736.

 

     (m)  (l)  Any other factor considered by the court to be

 

relevant to a particular child custody dispute.