January 25, 2005, Introduced by Senators CHERRY, JACOBS, SWITALSKI, GOSCHKA and OLSHOVE and referred to the Committee on Judiciary.
A bill to amend 1970 PA 91, entitled
"Child custody act of 1970,"
by amending section 6c (MCL 722.26c), as added by 1993 PA 259.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6c. (1) A third person may bring an action for custody of
a child if the court finds either of the following:
(a) Both of the following:
(i) The child was placed for adoption with the third person
under the adoption laws of this or another state, and the placement
order is still in effect at the time the action is filed.
(ii) After the placement, the child has resided with the third
person for a minimum of 6 months.
(b) All of the following:
(i) The child's biological parents have never been married to
one another.
(ii) The child's parent who has custody of the child dies, is
incapacitated, or is missing and the other parent has not been
granted legal custody under court order.
(iii) The third person is related to the child within the fifth
degree by marriage, blood, or adoption.
(2) A third person shall include with an action filed under
this section both of the following:
(a) An affidavit setting forth facts relative to the existence
of the prerequisites required by subsection (1)(a) or (b).
(b) Notice that a defense or objection to a third person's
right to bring an action for custody may be raised as an
affirmative defense or by a motion for summary disposition based on
lack of standing as provided in the Michigan court rules.
(3) As used in this section, "incapacitated" means impaired by
reason of mental illness, mental deficiency, physical illness or
disability, chronic use of drugs, chronic intoxication, or other
cause to the extent of lacking sufficient understanding or capacity
to make or communicate informed decisions.