| 1 | 1 | | HOUSE BILL NO. 6262 A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending sections 6a and 7 (MCL 722.26a and 722.27), section 6a as added by 1980 PA 434 and section 7 as amended by 2015 PA 52. the people of the state of michigan enact: Sec. 6a. (1) In a custody disputes dispute between parents, the parents shall must 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 interests 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 child's 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 ensure the child continuing contact with both parents. (4) During the time a child resides with a parent, that parent shall decide decides all routine matters concerning the child. (5) If there is a dispute regarding residency, the court shall state the basis for a residency award on the record or in writing. (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 is not constitute grounds for modifying a support order. (7) A parent is not responsible for child support for a child that the court determines is not the parent's biological child. (8) (7) As used in this section, "joint custody" means an order of the court in which 1 or both of the following is specified: (a) That the child shall reside alternately for specific periods with each of the parents. (b) That the parents shall share decision-making authority as to the important decisions affecting the welfare of the child. Sec. 7. (1) If a child custody dispute has been submitted to the circuit court as an original action under this act or has arisen incidentally from another action in the circuit court or an order or judgment of the circuit court, for the best interests of the child the court may do 1 or more of the following: (a) Award the custody of the child to 1 or more of the parties involved or to others and provide for payment of support for the child, until the child reaches 18 years of age. Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, the court may also order support as provided in this section for a child after he or she the child reaches 18 years of age. The court may require that support payments shall be made through the friend of the court, court clerk, or state disbursement unit. (b) Provide for reasonable parenting time of the child by the parties involved, by the maternal or paternal grandparents, or by others, by general or specific terms and conditions. Parenting time of the child by the parents is governed by section 7a. (c) Subject to subsection (3), (4), modify or amend its previous judgments or orders for proper cause shown or because of change of circumstances until the child reaches 18 years of age and, subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, until the child reaches 19 years and 6 months of age. The court shall not modify or amend its previous judgments or orders or issue a new order so as to change the established custodial environment of a child unless there is presented clear and convincing evidence that it is in the best interest interests of the child. The custodial environment of a child is established if over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort. The age of the child, the physical environment, and the inclination of the custodian and the child as to permanency of the relationship shall must also be considered. If a motion for change of custody is filed while a parent is active duty, the court shall not consider a parent's absence due to that active duty status in a best interest interests of the child determination. (d) Utilize a guardian ad litem or the community resources in behavioral sciences and other professions in the investigation and study of custody disputes and consider their recommendations for the resolution of the disputes. (e) Take any other action considered to be necessary in a particular child custody dispute. (f) Upon petition consider the reasonable grandparenting time of maternal or paternal grandparents as provided in section 7b and, if denied, make a record of the denial. (2) A judgment or order entered under this act providing for the support of a child is governed by and is enforceable as provided in the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650. If this act contains a specific provision regarding the contents or enforcement of a support order that conflicts with a provision in the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650, this act controls in regard to that provision. (3) A parent is not responsible for child support for a child that the court determines is not the parent's biological child. (4) (3) As provided in the servicemembers civil relief act, 50 USC 501 to 597b, 3901 to 4043, if a motion for change of custody is filed during the time a parent is on deployment, a parent may file and the court shall entertain an application for stay. The court shall not enter an order modifying or amending a previous judgment or order, or issue a new order, that changes the child's placement that existed on the date the parent was called to deployment, except that the court may enter a temporary custody order if there is clear and convincing evidence that it is in the best interests of the child. When a temporary custody order is issued under this subsection, the court may include a limit on the period of time that the temporary custody order remains in effect. At any stage before final judgment in the proceeding, the parent may file an application for stay or otherwise request a stay of the proceedings or file an application for an extension of a stay. The parent and the custodial child are not required to be present to consider the application for stay or extension of a stay. The application for stay or extension of a stay is sufficient if it is a signed, written statement, certified to be true under penalty of perjury. The same conditions for the initial stay apply to an application for an extension of a stay. The parent's duration of deployment shall must not be considered in making a best interest interests of the child determination. (5) (4) The parent shall must inform the court of the deployment end date before or within by not later than 30 days after that deployment end date. Upon notification of a parent's deployment end date, the court shall reinstate the custody order in effect immediately preceding that period of deployment. If a motion for change of custody is filed after a parent returns from deployment, the court shall not consider a parent's absence due to that deployment in making a best interest interests of the child determination. Future deployments shall must not be considered in making a best interest interests of the child determination. (6) (5) If the deploying parent and the other parent share custody, the deploying parent must notify the other parent of an upcoming deployment within a reasonable period of time. Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 101st Legislature are enacted into law: (a) Senate Bill No.____ or House Bill No. 6263 (request no. 06344'24). (b) Senate Bill No.____ or House Bill No. 6260 (request no. 06344'24 b). |
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| 23 | 23 | | HOUSE BILL NO. 6262 |
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| 26 | 26 | | |
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| 27 | 27 | | A bill to amend 1970 PA 91, entitled |
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| 28 | 28 | | |
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| 29 | 29 | | "Child custody act of 1970," |
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| 30 | 30 | | |
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| 31 | 31 | | by amending sections 6a and 7 (MCL 722.26a and 722.27), section 6a as added by 1980 PA 434 and section 7 as amended by 2015 PA 52. |
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| 32 | 32 | | |
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| 33 | 33 | | the people of the state of michigan enact: |
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| 34 | 34 | | |
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| 35 | 35 | | Sec. 6a. (1) In a custody disputes dispute between parents, the parents shall must 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 interests of the child by considering the following factors: |
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| 36 | 36 | | |
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| 37 | 37 | | (a) The factors enumerated in section 3. |
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| 38 | 38 | | |
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| 39 | 39 | | (b) Whether the parents will be able to cooperate and generally agree concerning important decisions affecting the child's welfare. of the child. |
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| 40 | 40 | | |
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| 41 | 41 | | (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. |
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| 42 | 42 | | |
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| 43 | 43 | | (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 ensure the child continuing contact with both parents. |
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| 45 | 45 | | (4) During the time a child resides with a parent, that parent shall decide decides all routine matters concerning the child. |
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| 46 | 46 | | |
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| 47 | 47 | | (5) If there is a dispute regarding residency, the court shall state the basis for a residency award on the record or in writing. |
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| 48 | 48 | | |
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| 49 | 49 | | (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 is not constitute grounds for modifying a support order. |
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| 50 | 50 | | |
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| 51 | 51 | | (7) A parent is not responsible for child support for a child that the court determines is not the parent's biological child. |
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| 52 | 52 | | |
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| 53 | 53 | | (8) (7) As used in this section, "joint custody" means an order of the court in which 1 or both of the following is specified: |
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| 54 | 54 | | |
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| 55 | 55 | | (a) That the child shall reside alternately for specific periods with each of the parents. |
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| 56 | 56 | | |
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| 57 | 57 | | (b) That the parents shall share decision-making authority as to the important decisions affecting the welfare of the child. |
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| 58 | 58 | | |
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| 59 | 59 | | Sec. 7. (1) If a child custody dispute has been submitted to the circuit court as an original action under this act or has arisen incidentally from another action in the circuit court or an order or judgment of the circuit court, for the best interests of the child the court may do 1 or more of the following: |
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| 60 | 60 | | |
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| 61 | 61 | | (a) Award the custody of the child to 1 or more of the parties involved or to others and provide for payment of support for the child, until the child reaches 18 years of age. Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, the court may also order support as provided in this section for a child after he or she the child reaches 18 years of age. The court may require that support payments shall be made through the friend of the court, court clerk, or state disbursement unit. |
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| 62 | 62 | | |
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| 63 | 63 | | (b) Provide for reasonable parenting time of the child by the parties involved, by the maternal or paternal grandparents, or by others, by general or specific terms and conditions. Parenting time of the child by the parents is governed by section 7a. |
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| 64 | 64 | | |
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| 65 | 65 | | (c) Subject to subsection (3), (4), modify or amend its previous judgments or orders for proper cause shown or because of change of circumstances until the child reaches 18 years of age and, subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, until the child reaches 19 years and 6 months of age. The court shall not modify or amend its previous judgments or orders or issue a new order so as to change the established custodial environment of a child unless there is presented clear and convincing evidence that it is in the best interest interests of the child. The custodial environment of a child is established if over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort. The age of the child, the physical environment, and the inclination of the custodian and the child as to permanency of the relationship shall must also be considered. If a motion for change of custody is filed while a parent is active duty, the court shall not consider a parent's absence due to that active duty status in a best interest interests of the child determination. |
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| 66 | 66 | | |
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| 67 | 67 | | (d) Utilize a guardian ad litem or the community resources in behavioral sciences and other professions in the investigation and study of custody disputes and consider their recommendations for the resolution of the disputes. |
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| 68 | 68 | | |
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| 69 | 69 | | (e) Take any other action considered to be necessary in a particular child custody dispute. |
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| 70 | 70 | | |
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| 71 | 71 | | (f) Upon petition consider the reasonable grandparenting time of maternal or paternal grandparents as provided in section 7b and, if denied, make a record of the denial. |
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| 72 | 72 | | |
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| 73 | 73 | | (2) A judgment or order entered under this act providing for the support of a child is governed by and is enforceable as provided in the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650. If this act contains a specific provision regarding the contents or enforcement of a support order that conflicts with a provision in the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650, this act controls in regard to that provision. |
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| 74 | 74 | | |
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| 75 | 75 | | (3) A parent is not responsible for child support for a child that the court determines is not the parent's biological child. |
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| 76 | 76 | | |
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| 77 | 77 | | (4) (3) As provided in the servicemembers civil relief act, 50 USC 501 to 597b, 3901 to 4043, if a motion for change of custody is filed during the time a parent is on deployment, a parent may file and the court shall entertain an application for stay. The court shall not enter an order modifying or amending a previous judgment or order, or issue a new order, that changes the child's placement that existed on the date the parent was called to deployment, except that the court may enter a temporary custody order if there is clear and convincing evidence that it is in the best interests of the child. When a temporary custody order is issued under this subsection, the court may include a limit on the period of time that the temporary custody order remains in effect. At any stage before final judgment in the proceeding, the parent may file an application for stay or otherwise request a stay of the proceedings or file an application for an extension of a stay. The parent and the custodial child are not required to be present to consider the application for stay or extension of a stay. The application for stay or extension of a stay is sufficient if it is a signed, written statement, certified to be true under penalty of perjury. The same conditions for the initial stay apply to an application for an extension of a stay. The parent's duration of deployment shall must not be considered in making a best interest interests of the child determination. |
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| 78 | 78 | | |
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| 79 | 79 | | (5) (4) The parent shall must inform the court of the deployment end date before or within by not later than 30 days after that deployment end date. Upon notification of a parent's deployment end date, the court shall reinstate the custody order in effect immediately preceding that period of deployment. If a motion for change of custody is filed after a parent returns from deployment, the court shall not consider a parent's absence due to that deployment in making a best interest interests of the child determination. Future deployments shall must not be considered in making a best interest interests of the child determination. |
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| 80 | 80 | | |
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| 81 | 81 | | (6) (5) If the deploying parent and the other parent share custody, the deploying parent must notify the other parent of an upcoming deployment within a reasonable period of time. |
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| 82 | 82 | | |
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| 83 | 83 | | Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 101st Legislature are enacted into law: |
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| 84 | 84 | | |
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| 85 | 85 | | (a) Senate Bill No.____ or House Bill No. 6263 (request no. 06344'24). |
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| 87 | 87 | | (b) Senate Bill No.____ or House Bill No. 6260 (request no. 06344'24 b). |
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