September 12, 2006, Introduced by Reps. Pearce, Schuitmaker, Vander Veen, Jones, Garfield, Green, Booher, Pastor, Polidori, Zelenko and Sak 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 7a (MCL 722.27a), as amended by 1996 PA 19.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7a. (1) Parenting time shall be granted in accordance
with the best interests of the child. It is presumed to be in the
best interests of a child for the child to have a strong
relationship with both of his or her parents. Except as otherwise
provided in this section, parenting time shall be granted to a
parent in a frequency, duration, and type reasonably calculated to
promote a strong relationship between the child and the parent
granted parenting time.
(2) If the parents of a child agree on parenting time terms,
the court shall order the parenting time terms unless the court
determines on the record by clear and convincing evidence that the
parenting time terms are not in the best interests of the child.
(3) A child has a right to parenting time with a parent unless
it is shown on the record by clear and convincing evidence that it
would endanger the child's physical, mental, or emotional health.
(4) Notwithstanding other provisions of this act, if a
proceeding regarding parenting time involves a child who is
conceived as the result of acts for which 1 of the child's
biological parents is convicted of criminal sexual conduct as
provided in sections 520a to 520e and 520g of the Michigan penal
code, Act
No. 328 of the Public Acts of 1931, being sections
750.520a
to 750.520e and 750.520g of the Michigan Compiled Laws
1931 PA 328, MCL 750.520a to 750.520e and 750.520g, the court shall
not grant parenting time to the convicted biological parent. This
subsection does not apply to a conviction under section 520d(1)(a)
of Act
No. 328 of the Public Acts of 1931, being section 750.520d
of
the Michigan Compiled Laws the
Michigan penal code, 1931 PA
328, MCL 750.520d. This subsection does not apply if, after the
date of the conviction, the biological parents cohabit and
establish a mutual custodial environment for the child.
(5) Notwithstanding other provisions of this act, if an
individual is convicted of criminal sexual conduct as provided in
sections
520a to 520e and 520g of Act No. 328 of the Public Acts
of
1931 the Michigan penal code,
1931 PA 328, MCL 750.520a to
750.520e and 750.520g, and the victim is the individual's child,
the court shall not grant parenting time with that child or a
sibling of that child to that individual, unless both the child's
other parent and, if the court considers the child or sibling to be
of sufficient age to express his or her desires, the child or
sibling consent to the parenting time.
(6) The court may consider the following factors when
determining the frequency, duration, and type of parenting time to
be granted:
(a) The existence of any special circumstances or needs of the
child.
(b) Whether the child is a nursing child less than 6 months of
age, or less than 1 year of age if the child receives substantial
nutrition through nursing.
(c) The reasonable likelihood of abuse or neglect of the child
during parenting time.
(d) The reasonable likelihood of abuse of a parent resulting
from the exercise of parenting time.
(e) The inconvenience to, and burdensome impact or effect on,
the child of traveling for purposes of parenting time.
(f) Whether a parent can reasonably be expected to exercise
parenting time in accordance with the court order.
(g) Whether a parent has frequently failed to exercise
reasonable parenting time.
(h) The threatened or actual detention of the child with the
intent to retain or conceal the child from the other parent or from
a third person who has legal custody. A custodial parent's
temporary residence with the child in a domestic violence shelter
shall not be construed as evidence of the custodial parent's intent
to retain or conceal the child from the other parent.
(i) Any other relevant factors.
(7) Parenting time shall be granted in specific terms if
requested by either party at any time.
(8) A parenting time order may contain any reasonable terms or
conditions that facilitate the orderly and meaningful exercise of
parenting time by a parent, including 1 or more of the following:
(a) Division of the responsibility to transport the child.
(b) Division of the cost of transporting the child.
(c) Restrictions on the presence of third persons during
parenting time.
(d) Requirements that the child be ready for parenting time at
a specific time.
(e) Requirements that the parent arrive for parenting time and
return the child from parenting time at specific times.
(f) Requirements that parenting time occur in the presence of
a third person or agency.
(g) Requirements that a party post a bond to assure compliance
with a parenting time order.
(h) Requirements of reasonable notice when parenting time will
not occur.
(i) Any other reasonable condition determined to be
appropriate in the particular case.
(9) During the time a child is with a parent to whom parenting
time has been awarded, that parent shall decide all routine matters
concerning the child.
(10) Prior to entry of a temporary order, a parent may seek an
ex parte interim order concerning parenting time. If the court
enters an ex parte interim order concerning parenting time, the
party on whose motion the ex parte interim order is entered shall
have a true copy of the order served on the friend of the court and
the opposing party.
(11) If the opposing party objects to the ex parte interim
order, he or she shall file with the clerk of the court within 14
days after receiving notice of the order a written objection to, or
a motion to modify or rescind, the ex parte interim order. The
opposing party shall have a true copy of the written objection or
motion served on the friend of the court and the party who obtained
the ex parte interim order.
(12) If the opposing party files a written objection to the ex
parte interim order, the friend of the court shall attempt to
resolve the dispute within 14 days after receiving it. If the
matter cannot be resolved, the friend of the court shall provide
the opposing party with a form motion and order with written
instructions for their use in modifying or rescinding the ex parte
order without assistance of counsel. If the opposing party wishes
to proceed without assistance of counsel, the friend of the court
shall schedule a hearing with the court that shall be held within
21 days after the filing of the motion. If the opposing party files
a motion to modify or rescind the ex parte interim order and
requests a hearing, the court shall resolve the dispute within 28
days after the hearing is requested.
(13) An ex parte interim order issued under this section shall
contain the following notice:
NOTICE:
1. You may file a written objection to this order or a motion
to modify or rescind this order. You must file the written
objection or motion with the clerk of the court within 14 days
after you were served with this order. You must serve a true copy
of the objection or motion on the friend of the court and the party
who obtained the order.
2. If you file a written objection, the friend of the court
must try to resolve the dispute. If the friend of the court cannot
resolve the dispute and if you wish to bring the matter before the
court without the assistance of counsel, the friend of the court
must provide you with form pleadings and written instructions and
must schedule a hearing with the court.
(14) A parent may request electronic visitation in addition to
parenting time under this section. If a parent requests electronic
visitation under this section, the court may grant that parent a
reasonable amount of electronic visitation while the child is in
the other parent's care if the court finds both of the following:
(a) The equipment for providing the type of electronic
visitation requested and the service for utilizing that equipment
is available to both parents.
(b) The electronic visitation requested is in the best
interests of the child.
(15) If the equipment for providing the type of electronic
visitation requested and the service for utilizing that equipment
is not available to both parents, the court may require the parent
requesting the electronic visitation to provide that equipment and
service to the other parent.
(16) A court shall not use electronic visitation as a
substitute for parenting time under this section.
(17) As used in this section, "electronic visitation" means
communication between a parent and his or her child by electronic
mail, instant messaging, video conferencing, webcam, or any other
communication device using the internet.