Michigan House Bill HB6006

Michigan 2023-2024 Regular Session

• Introduced: 9/26/24
• Refer: 9/26/24

Caption

Family law: parenting time; evidence required to determine parenting time; provide for. Amends secs. 3, 5, 6a, 7 & 7a of 1970 PA 91 (MCL 722.23 et seq.) & adds sec. 4b.

Impact

One of the major impacts of HB6006 pertains to the treatment of parents who have committed acts of domestic violence or sexual misconduct. The bill explicitly states that a parent, who is found to have committed qualified acts including criminal sexual conduct, will face restrictions regarding parenting time and custody. This provision aims to enhance the protection of children from potential harm. Additionally, the bill seeks to create a more structured process by which courts may consider the circumstances of a parent's deployment, ensuring that such absences do not adversely affect custody arrangements without strong evidence to the contrary. This is particularly relevant for military families, acknowledging their unique challenges.

Summary

House Bill 6006 proposes significant amendments to the Child Custody Act of 1970, specifically refining the legal framework for determining child custody and parenting arrangements in Michigan. The primary focus of HB6006 is to ensure that the best interests of the child are prioritized in all custody considerations. The bill outlines a comprehensive list of factors to be evaluated by the courts, including emotional ties between the child and parents, the stability of the home environment, and any instances of domestic violence or abuse by the parents. Notably, it also emphasizes the importance of continuing a close relationship between the child and both parents, unless there are compelling reasons against it.

Contention

Notable points of contention surrounding HB6006 arise primarily from the implications of its stringent measures against parents with criminal backgrounds. Supporters argue that these measures are crucial for safeguarding children’s welfare, insisting that children should not be placed in potentially dangerous environments. Conversely, critics suggest that the bill may inadvertently undermine a parent's rights by imposing overly broad restrictions based on past actions that may not reflect their current behavior or capacity to be a good parent. Furthermore, the complexities involved in cases of deployment and the potential for unfair disadvantage to service members have raised concerns. Establishing a fair process for determining custody during such times remains an area of debate among stakeholders.

Notable_points

Furthermore, the introduction of 'qualified evidence' as a key concept within the custody determination framework represents a proactive approach in court proceedings by ensuring that the judiciary has all relevant information about parental misconduct. This includes consideration of protection orders, arrest records, and other pertinent documentation to ascertain the safety and well-being of the child. The bill passes significant scrutiny through its provisions that uphold children's rights to maintain relationships with both parents, but also balances this against the necessity of safeguarding against historical misconduct.