HOUSE BILL No. 4120

 

January 29, 2013, Introduced by Reps. Rogers, Johnson, Genetski, Denby, Pettalia, MacMaster, Franz, Kurtz and Goike and referred to the Committee on Judiciary.

 

     A bill to amend 1970 PA 91, entitled

 

"Child custody act of 1970,"

 

by amending sections 5 and 6a (MCL 722.25 and 722.26a), section 5

 

as amended by 1993 PA 259 and section 6a as added by 1980 PA 434.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) If a child custody dispute is between the parents,

 

between agencies, or between third persons, the best interests of

 

the child control, subject to the presumption of joint custody

 

under section 6a. If the child custody dispute is between the

 

parent or parents and an agency or a third person, the court shall

 

presume that the best interests of the child are served by awarding

 

custody to the parent or parents, unless the contrary is

 

established by clear and convincing evidence.

 

     (2) Notwithstanding other provisions of this act, if a child

 

custody dispute 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 1931 PA 328, MCL 750.520a to 750.520e and

 

750.520g, of the Michigan Compiled Laws, the court shall not award

 

custody to the convicted biological parent. This subsection does

 

not apply to a conviction under section 520d(1)(a) of the Michigan

 

penal code, Act No. 328 of the Public Acts of 1931, being section

 

1931 PA 328, MCL 750.520d. of the Michigan Compiled Laws. 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.

 

     (3) 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 award custody of that the child or a sibling of that the

 

child to that the 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 custody.

 

     Sec. 6a. (1) In custody disputes 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 and

 

generally agree concerning important decisions affecting the

 

welfare of the child.

 

      (2) If the parents agree on joint custody, the court shall

 

award joint 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.

 

      (3) If the court awards joint custody, the court may include

 

in its award a statement regarding when the child shall reside with

 

each parent, or may  provide that physical custody be shared by the

 

parents in a manner to assure the child continuing contact with

 

both parents.

 

     (1) In a custody or parenting time dispute between parents,

 

the court shall order joint custody unless the court determines by

 

clear and convincing evidence that a parent is unfit, unwilling, or

 

unable to care for the child. A parent may only be determined to be

 

unfit under this section if the parent's parental rights are

 

subject to termination under section 19b of chapter XIIA of the

 

probate code of 1939, 1939 PA 288, MCL 712A.19b.

 

     (2) In a custody dispute between parents, the court shall

 

state on the record the reasons for not awarding joint custody.

 

     (3) If the parents agree in writing to a custody arrangement,

 

the court shall grant that custody arrangement unless 1 parent is

 

found by clear and convincing evidence to be unfit.

 

     (4) If the court awards joint custody, the court shall issue a


 

specific parenting time schedule for each parent and shall provide

 

that physical custody is shared by the parents 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.