Michigan House Bill HB6261

Michigan 2023-2024 Regular Session

• Introduced: 12/10/24
• Refer: 12/10/24

Caption

Family law: child custody; parenting plan for joint physical custody; provide for. Amends secs. 2, 3, 6a, 7 & 7a of 1970 PA 91 (MCL 722.22 et seq.).

Impact

The key impact of HB6261 on state laws is the establishment of presumptions regarding the custody and parenting time that should not be modified during a parent's deployment. This means that existing custody arrangements remain intact unless there is clear and convincing evidence that modification is necessary, thereby offering a degree of stability to children during times when one parent may be unavailable due to military obligations.

Summary

House Bill 6261 seeks to amend the Child Custody Act of 1970 by introducing provisions that specifically address the rights of parents during times of deployment, particularly for members of the military. The bill aims to ensure that a child's best interests are prioritized during custody disputes when one parent is on active duty. It clearly defines terms such as 'deployment', 'joint legal custody', and 'guardian ad litem', providing clarity in how courts should interpret these terms in custody cases.

Conclusion

In summary, HB6261 proposes significant amendments aimed at ensuring the welfare of children in custody disputes, particularly involving military families. It seeks to uphold the child's best interests during a parent's deployment while balancing the need for accountability in cases of parental misconduct. The legislative outcome of this bill could have lasting implications for family law in Michigan, setting a precedent for how similar cases may be approached in the future.

Contention

Notably, the bill includes stipulations regarding parental rights in cases involving criminal conduct, specifically when a parent has been convicted of sexual offenses. In such cases, the bill restricts the offending parent's ability to have parenting time unless certain conditions are met. This raises points of contention as it navigates the complex interaction between a parent's legal rights, the safety of children, and the definitions of best interests across legal contexts. Opponents may argue that such provisions can further complicate custody disputes and place undue emphasis on past behaviors potentially unrelated to a current capacity to parent.