HOUSE BILL NO. 4217 A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending sections 2, 7, and 7b (MCL 722.22, 722.27, and 722.27b), section 2 as amended by 2015 PA 51, section 7 as amended by 2015 PA 52, and section 7b as amended by 2009 PA 237. the people of the state of michigan enact: Sec. 2. As used in this act: (a) "Active duty" means that term as defined in section 101 3911 of the servicemembers civil relief act, 50 USC 511, 3911, except that "active duty" includes full-time national guard duty. (b) "Agency" means a legally authorized public or private organization, or governmental unit or official, whether of this state or of another state or country, concerned in the welfare of minor children, including a licensed child placement agency. (c) "Attorney" means, if appointed to represent a child under this act, an attorney serving as the child's legal advocate in a traditional attorney-client relationship with the child, as governed by the Michigan rules of professional conduct. An attorney defined under this subdivision owes the same duties of undivided loyalty, confidentiality, and zealous representation of the child's expressed wishes as the attorney would to an adult client. (d) "Child" means minor child and children. Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, for purposes of providing support, child includes a child and children who have reached 18 years of age. (e) "Deployment" means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days under temporary or permanent official orders as follows: (i) That are designated as unaccompanied. (ii) For which dependent travel is not authorized. (iii) That otherwise do not permit the movement of family members to that location. (iv) The servicemember is restricted from travel. (f) "Grandparent" means a natural or adoptive parent of a child's natural or adoptive parent. (g) "Great grandparent" means a natural or adoptive parent of a child's natural or adoptive grandparent. (h) (g) "Guardian ad litem" means an individual whom the court appoints to assist the court in determining the child's best interests. A guardian ad litem does not need to be an attorney. (i) (h) "Lawyer-guardian ad litem" means an attorney appointed under section 4. A lawyer-guardian ad litem represents the child, and has the powers and duties, as set forth in section 4. (j) (i) "Parent" means the natural or adoptive parent of a child. (k) (j) "State disbursement unit" or "SDU" means the entity established in section 6 of the office of child support act, 1971 PA 174, MCL 400.236. (l) (k) "Third person" means an individual other than a parent. 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 are 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 great 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), 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 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 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 or great grandparenting time of maternal or paternal grandparents or great 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) As provided in the servicemembers civil relief act, 50 USC 501 to 597b, 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 of the child determination. (4) The parent shall inform the court of the deployment end date before or within 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 of the child determination. Future deployments shall must not be considered in making a best interest of the child determination. (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. Sec. 7b. (1) A child's grandparent or great grandparent may seek a grandparenting or great grandparenting time order under 1 or more of the following circumstances: (a) An action for divorce, separate maintenance, or annulment involving the child's parents is pending before the court. (b) The child's parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled. (c) The child's parent who is a child of the grandparents or grandchild of the great grandparents is deceased. (d) The child's parents have never been married, they are not residing in the same household, and paternity has been established by the completion of an acknowledgment of parentage under the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013, by an order of filiation entered under the paternity act, 1956 PA 205, MCL 722.711 to 722.730, or by a determination by a court of competent jurisdiction that the individual is the father of the child. (e) Except as otherwise provided in subsection (13), legal custody of the child has been given to a person other than the child's parent, or the child is placed outside of and does not reside in the home of a parent. (f) In the year preceding the commencement of an action under subsection (3) for grandparenting or great grandparenting time, the grandparent or great grandparent provided an established custodial environment for the child as described in section 7, whether or not the grandparent or great grandparent had custody under a court order. (2) A court shall not permit a parent or grandparent of a father who has never been married to the child's mother to seek an order for grandparenting or great grandparenting time under this section unless the father has completed an acknowledgment of parentage under the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013, an order of filiation has been entered under the paternity act, 1956 PA 205, MCL 722.711 to 722.730, or the father has been determined to be the father by a court of competent jurisdiction. The court shall not permit the parent or grandparent of a putative father to seek an order for grandparenting or great grandparenting time unless the putative father has provided substantial and regular support or care in accordance with the putative father's ability to provide the support or care. (3) A grandparent or great grandparent seeking a grandparenting or great grandparenting time order shall commence an action for grandparenting or great grandparenting time, as follows: (a) If the circuit court has continuing jurisdiction over the child, the child's grandparent or great grandparent shall seek a grandparenting or great grandparenting time order by filing a motion with the circuit court in the county where the court has continuing jurisdiction. (b) If the circuit court does not have continuing jurisdiction over the child, the child's grandparent or great grandparent shall seek a grandparenting or great grandparenting time order by filing a complaint in the circuit court for the county where the child resides. (4) All of the following apply to an action for grandparenting or great grandparenting time under subsection (3): (a) The complaint or motion for grandparenting or great grandparenting time filed under subsection (3) shall must be accompanied by an affidavit setting forth facts supporting the requested order. The grandparent or great grandparent shall give notice of the filing to each person who has legal custody of, or an order for parenting time with, the child. A party having legal custody may file an opposing affidavit. A hearing shall be held by the court The court shall hold a hearing on its own motion or if a party requests a hearing. At the hearing, parties submitting affidavits shall must be allowed an opportunity to be heard. (b) In order to give deference to the decisions of fit parents, it is presumed in a proceeding under this subsection that a fit parent's decision to deny grandparenting or great grandparenting time does not create a substantial risk of harm to the child's mental, physical, or emotional health. To rebut the presumption created in this subdivision, a grandparent or great grandparent filing a complaint or motion under this section must prove by a preponderance of the evidence that the parent's decision to deny grandparenting or great grandparenting time creates a substantial risk of harm to the child's mental, physical, or emotional health. If the grandparent or great grandparent does not overcome the presumption, the court shall dismiss the complaint or deny the motion. (c) If a court of appellate jurisdiction determines in a final and nonappealable judgment that the burden of proof described in subdivision (b) is unconstitutional, a grandparent or great grandparent filing a complaint or motion under this section must prove by clear and convincing evidence that the parent's decision to deny grandparenting or great grandparenting time creates a substantial risk of harm to the child's mental, physical, or emotional health to rebut the presumption created in subdivision (b). (5) If 2 fit parents sign an affidavit stating that they both oppose an order for grandparenting or great grandparenting time, the court shall dismiss a complaint or motion seeking an order for grandparenting or great grandparenting time filed under subsection (3). This subsection does not apply if 1 of the fit parents is a stepparent who adopted a child under the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70, and the grandparent or great grandparent seeking the order is the natural or adoptive parent or grandparent of a parent of the child who is deceased or whose parental rights have been terminated. (6) If the court finds that a grandparent or great grandparent has met the standard for rebutting the presumption described in subsection (4), the court shall consider whether it is in the best interests of the child to enter an order for grandparenting or great grandparenting time. If the court finds by a preponderance of the evidence that it is in the best interests of the child to enter a grandparenting or great grandparenting time order, the court shall enter an order providing for reasonable grandparenting or great grandparenting time of the child by the grandparent or great grandparent by general or specific terms and conditions. In determining the best interests of the child under this subsection, the court shall consider all of the following: (a) The love, affection, and other emotional ties existing between the grandparent or great grandparent and the child. (b) The length and quality of the prior relationship between the child and the grandparent or great grandparent, the role performed by the grandparent or great grandparent, and the existing emotional ties of the child to the grandparent or great grandparent. (c) The grandparent's or great grandparent's moral fitness. (d) The grandparent's or great grandparent's mental and physical health. (e) The child's reasonable preference, if the court considers the child to be of sufficient age to express a preference. (f) The effect on the child of hostility between the grandparent or great grandparent and the parent of the child. (g) The willingness of the grandparent or great grandparent, except in the case of abuse or neglect, to encourage a close relationship between the child and the parent or parents of the child. (h) Any history of physical, emotional, or sexual abuse or neglect of any child by the grandparent or great grandparent. (i) Whether the parent's decision to deny, or lack of an offer of, grandparenting or great grandparenting time is related to the child's well-being or is for some other unrelated reason. (j) Any other factor relevant to the physical and psychological well-being of the child. (7) If the court has determined that a grandparent or great grandparent has met the standard for rebutting the presumption described in subsection (4), the court may refer that grandparent's or great grandparent's complaint or motion for grandparenting or great grandparenting time filed under subsection (3) to alternative dispute resolution as provided by supreme court rule. If the complaint or motion is referred to the friend of the court for alternative dispute resolution and no settlement is reached through friend of the court alternative dispute resolution within a reasonable time after the date of referral, the court shall hear the complaint or motion shall be heard by the court as provided in this section. (8) A grandparent or great grandparent may not file more than once every 2 years, absent a showing of good cause, a complaint or motion under subsection (3) seeking a grandparenting or great grandparenting time order. If the court finds there is good cause to allow a grandparent or great grandparent to file more than 1 complaint or motion under this section in a 2-year period, the court shall allow the filing and shall consider the complaint or motion. Upon motion of a person, the court may order reasonable attorney fees to the prevailing party. (9) The court shall not enter an order prohibiting an individual who has legal custody of a child from changing the domicile of the child if the prohibition is primarily for the purpose of allowing a grandparent or great grandparent to exercise the rights conferred in a grandparenting or great grandparenting time order entered under this section. (10) A grandparenting or great grandparenting time order entered under this section does not create parental rights in the individual or individuals to whom grandparenting or great grandparenting time rights are granted. The entry of a grandparenting or great grandparenting time order does not prevent a court of competent jurisdiction from acting upon the custody of the child, the parental rights of the child, or the adoption of the child. (11) A court shall not modify or terminate a grandparenting or great grandparenting time order entered under this section unless it finds by a preponderance of the evidence, on the basis of facts that have arisen since entry of the grandparenting or great grandparenting time order or were unknown to the court at the time it entered that order, that a change has occurred in the circumstances of the child or his or her the child's custodian and that a modification or termination of the existing order is necessary to avoid creating a substantial risk of harm to the mental, physical, or emotional health of the child. A court modifying or terminating a grandparenting or great grandparenting time order under this subsection shall include specific findings of fact in its order in support of its decision. (12) A court shall make a record of its analysis and findings under subsections (4), (6), (8), and (11), including the reasons for granting or denying a requested grandparenting or great grandparenting time order. (13) Except as otherwise provided in this subsection, adoption of a child or placement of a child for adoption under the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70, terminates the right of a grandparent or great grandparent to commence an action for grandparenting or great grandparenting time with that child. Adoption of a child by a stepparent under the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70, does not terminate the right of the parent or grandparent of a deceased parent of the child to commence an action for grandparenting or great grandparenting time with that child.
HOUSE BILL NO. 4217
A bill to amend 1970 PA 91, entitled
"Child custody act of 1970,"
by amending sections 2, 7, and 7b (MCL 722.22, 722.27, and 722.27b), section 2 as amended by 2015 PA 51, section 7 as amended by 2015 PA 52, and section 7b as amended by 2009 PA 237.
the people of the state of michigan enact:
Sec. 2. As used in this act:
(a) "Active duty" means that term as defined in section 101 3911 of the servicemembers civil relief act, 50 USC 511, 3911, except that "active duty" includes full-time national guard duty.
(b) "Agency" means a legally authorized public or private organization, or governmental unit or official, whether of this state or of another state or country, concerned in the welfare of minor children, including a licensed child placement agency.
(c) "Attorney" means, if appointed to represent a child under this act, an attorney serving as the child's legal advocate in a traditional attorney-client relationship with the child, as governed by the Michigan rules of professional conduct. An attorney defined under this subdivision owes the same duties of undivided loyalty, confidentiality, and zealous representation of the child's expressed wishes as the attorney would to an adult client.
(d) "Child" means minor child and children. Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, for purposes of providing support, child includes a child and children who have reached 18 years of age.
(e) "Deployment" means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days under temporary or permanent official orders as follows:
(i) That are designated as unaccompanied.
(ii) For which dependent travel is not authorized.
(iii) That otherwise do not permit the movement of family members to that location.
(iv) The servicemember is restricted from travel.
(f) "Grandparent" means a natural or adoptive parent of a child's natural or adoptive parent.
(g) "Great grandparent" means a natural or adoptive parent of a child's natural or adoptive grandparent.
(h) (g) "Guardian ad litem" means an individual whom the court appoints to assist the court in determining the child's best interests. A guardian ad litem does not need to be an attorney.
(i) (h) "Lawyer-guardian ad litem" means an attorney appointed under section 4. A lawyer-guardian ad litem represents the child, and has the powers and duties, as set forth in section 4.
(j) (i) "Parent" means the natural or adoptive parent of a child.
(k) (j) "State disbursement unit" or "SDU" means the entity established in section 6 of the office of child support act, 1971 PA 174, MCL 400.236.
(l) (k) "Third person" means an individual other than a parent.
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 are 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 great 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), 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 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 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 or great grandparenting time of maternal or paternal grandparents or great 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) As provided in the servicemembers civil relief act, 50 USC 501 to 597b, 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 of the child determination.
(4) The parent shall inform the court of the deployment end date before or within 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 of the child determination. Future deployments shall must not be considered in making a best interest of the child determination.
(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.
Sec. 7b. (1) A child's grandparent or great grandparent may seek a grandparenting or great grandparenting time order under 1 or more of the following circumstances:
(a) An action for divorce, separate maintenance, or annulment involving the child's parents is pending before the court.
(b) The child's parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled.
(c) The child's parent who is a child of the grandparents or grandchild of the great grandparents is deceased.
(d) The child's parents have never been married, they are not residing in the same household, and paternity has been established by the completion of an acknowledgment of parentage under the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013, by an order of filiation entered under the paternity act, 1956 PA 205, MCL 722.711 to 722.730, or by a determination by a court of competent jurisdiction that the individual is the father of the child.
(e) Except as otherwise provided in subsection (13), legal custody of the child has been given to a person other than the child's parent, or the child is placed outside of and does not reside in the home of a parent.
(f) In the year preceding the commencement of an action under subsection (3) for grandparenting or great grandparenting time, the grandparent or great grandparent provided an established custodial environment for the child as described in section 7, whether or not the grandparent or great grandparent had custody under a court order.
(2) A court shall not permit a parent or grandparent of a father who has never been married to the child's mother to seek an order for grandparenting or great grandparenting time under this section unless the father has completed an acknowledgment of parentage under the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013, an order of filiation has been entered under the paternity act, 1956 PA 205, MCL 722.711 to 722.730, or the father has been determined to be the father by a court of competent jurisdiction. The court shall not permit the parent or grandparent of a putative father to seek an order for grandparenting or great grandparenting time unless the putative father has provided substantial and regular support or care in accordance with the putative father's ability to provide the support or care.
(3) A grandparent or great grandparent seeking a grandparenting or great grandparenting time order shall commence an action for grandparenting or great grandparenting time, as follows:
(a) If the circuit court has continuing jurisdiction over the child, the child's grandparent or great grandparent shall seek a grandparenting or great grandparenting time order by filing a motion with the circuit court in the county where the court has continuing jurisdiction.
(b) If the circuit court does not have continuing jurisdiction over the child, the child's grandparent or great grandparent shall seek a grandparenting or great grandparenting time order by filing a complaint in the circuit court for the county where the child resides.
(4) All of the following apply to an action for grandparenting or great grandparenting time under subsection (3):
(a) The complaint or motion for grandparenting or great grandparenting time filed under subsection (3) shall must be accompanied by an affidavit setting forth facts supporting the requested order. The grandparent or great grandparent shall give notice of the filing to each person who has legal custody of, or an order for parenting time with, the child. A party having legal custody may file an opposing affidavit. A hearing shall be held by the court The court shall hold a hearing on its own motion or if a party requests a hearing. At the hearing, parties submitting affidavits shall must be allowed an opportunity to be heard.
(b) In order to give deference to the decisions of fit parents, it is presumed in a proceeding under this subsection that a fit parent's decision to deny grandparenting or great grandparenting time does not create a substantial risk of harm to the child's mental, physical, or emotional health. To rebut the presumption created in this subdivision, a grandparent or great grandparent filing a complaint or motion under this section must prove by a preponderance of the evidence that the parent's decision to deny grandparenting or great grandparenting time creates a substantial risk of harm to the child's mental, physical, or emotional health. If the grandparent or great grandparent does not overcome the presumption, the court shall dismiss the complaint or deny the motion.
(c) If a court of appellate jurisdiction determines in a final and nonappealable judgment that the burden of proof described in subdivision (b) is unconstitutional, a grandparent or great grandparent filing a complaint or motion under this section must prove by clear and convincing evidence that the parent's decision to deny grandparenting or great grandparenting time creates a substantial risk of harm to the child's mental, physical, or emotional health to rebut the presumption created in subdivision (b).
(5) If 2 fit parents sign an affidavit stating that they both oppose an order for grandparenting or great grandparenting time, the court shall dismiss a complaint or motion seeking an order for grandparenting or great grandparenting time filed under subsection (3). This subsection does not apply if 1 of the fit parents is a stepparent who adopted a child under the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70, and the grandparent or great grandparent seeking the order is the natural or adoptive parent or grandparent of a parent of the child who is deceased or whose parental rights have been terminated.
(6) If the court finds that a grandparent or great grandparent has met the standard for rebutting the presumption described in subsection (4), the court shall consider whether it is in the best interests of the child to enter an order for grandparenting or great grandparenting time. If the court finds by a preponderance of the evidence that it is in the best interests of the child to enter a grandparenting or great grandparenting time order, the court shall enter an order providing for reasonable grandparenting or great grandparenting time of the child by the grandparent or great grandparent by general or specific terms and conditions. In determining the best interests of the child under this subsection, the court shall consider all of the following:
(a) The love, affection, and other emotional ties existing between the grandparent or great grandparent and the child.
(b) The length and quality of the prior relationship between the child and the grandparent or great grandparent, the role performed by the grandparent or great grandparent, and the existing emotional ties of the child to the grandparent or great grandparent.
(c) The grandparent's or great grandparent's moral fitness.
(d) The grandparent's or great grandparent's mental and physical health.
(e) The child's reasonable preference, if the court considers the child to be of sufficient age to express a preference.
(f) The effect on the child of hostility between the grandparent or great grandparent and the parent of the child.
(g) The willingness of the grandparent or great grandparent, except in the case of abuse or neglect, to encourage a close relationship between the child and the parent or parents of the child.
(h) Any history of physical, emotional, or sexual abuse or neglect of any child by the grandparent or great grandparent.
(i) Whether the parent's decision to deny, or lack of an offer of, grandparenting or great grandparenting time is related to the child's well-being or is for some other unrelated reason.
(j) Any other factor relevant to the physical and psychological well-being of the child.
(7) If the court has determined that a grandparent or great grandparent has met the standard for rebutting the presumption described in subsection (4), the court may refer that grandparent's or great grandparent's complaint or motion for grandparenting or great grandparenting time filed under subsection (3) to alternative dispute resolution as provided by supreme court rule. If the complaint or motion is referred to the friend of the court for alternative dispute resolution and no settlement is reached through friend of the court alternative dispute resolution within a reasonable time after the date of referral, the court shall hear the complaint or motion shall be heard by the court as provided in this section.
(8) A grandparent or great grandparent may not file more than once every 2 years, absent a showing of good cause, a complaint or motion under subsection (3) seeking a grandparenting or great grandparenting time order. If the court finds there is good cause to allow a grandparent or great grandparent to file more than 1 complaint or motion under this section in a 2-year period, the court shall allow the filing and shall consider the complaint or motion. Upon motion of a person, the court may order reasonable attorney fees to the prevailing party.
(9) The court shall not enter an order prohibiting an individual who has legal custody of a child from changing the domicile of the child if the prohibition is primarily for the purpose of allowing a grandparent or great grandparent to exercise the rights conferred in a grandparenting or great grandparenting time order entered under this section.
(10) A grandparenting or great grandparenting time order entered under this section does not create parental rights in the individual or individuals to whom grandparenting or great grandparenting time rights are granted. The entry of a grandparenting or great grandparenting time order does not prevent a court of competent jurisdiction from acting upon the custody of the child, the parental rights of the child, or the adoption of the child.
(11) A court shall not modify or terminate a grandparenting or great grandparenting time order entered under this section unless it finds by a preponderance of the evidence, on the basis of facts that have arisen since entry of the grandparenting or great grandparenting time order or were unknown to the court at the time it entered that order, that a change has occurred in the circumstances of the child or his or her the child's custodian and that a modification or termination of the existing order is necessary to avoid creating a substantial risk of harm to the mental, physical, or emotional health of the child. A court modifying or terminating a grandparenting or great grandparenting time order under this subsection shall include specific findings of fact in its order in support of its decision.
(12) A court shall make a record of its analysis and findings under subsections (4), (6), (8), and (11), including the reasons for granting or denying a requested grandparenting or great grandparenting time order.
(13) Except as otherwise provided in this subsection, adoption of a child or placement of a child for adoption under the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70, terminates the right of a grandparent or great grandparent to commence an action for grandparenting or great grandparenting time with that child. Adoption of a child by a stepparent under the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70, does not terminate the right of the parent or grandparent of a deceased parent of the child to commence an action for grandparenting or great grandparenting time with that child.