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HB-5100, As Passed House, October 5, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 5100

(As amended October 5, 2005)

[A bill to amend 1970 PA 91, entitled

"Child custody act of 1970,"

by amending sections 2 and 7 (MCL 722.22 and 722.27),

section 2 as amended by 2004 PA 542 and section 7 as amended by 2001 PA

108.]

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. As used in this act:

(a) "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.

(b) "Attorney" means, if appointed to represent a child under

this act, an attorney serving as the child's legal advocate in a

House Bill No. 5100 (H-2) as amended October 5, 2005

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.

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.

(d) ["ACTIVE MILITARY DUTY"] means when a reserve unit member or

national guard unit member is called into active military duty.

(e) ~~(d)~~ "Grandparent" means a natural or adoptive parent of

a child's natural or adoptive parent.

(f) ~~(e)~~ "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.

(g) ~~(f)~~ "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

(h) ~~(g)~~ "Parent" means the natural or adoptive parent of a

child.

(i) ~~(h)~~ "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.

(j) ~~(i)~~ "Third person" means an individual other than a

parent.

House Bill No. 5100 (H-2)as amended October 5, 2005

[

House Bill No. 5100 (H-2) as amended October 5, 2005

]

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 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.

proper cause shown or because of change of circumstances until the

child reaches 18 years of age and, subject to section 5b of the

House Bill No. 5100 (H-2) as amended October 5, 2005

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 also be considered. [IF A MOTION FOR CHANGE OF

CUSTODY IS FILED DURING THE TIME A PARENT IS IN ACTIVE MILITARY DUTY, 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 ACTIVE MILITARY DUTY UNLESS THERE IS CLEAR AND CONVINCING EVIDENCE THAT IT IS THE BEST INTEREST OF THE CHILD. IN MAKING THIS BEST INTEREST OF THE CHILD DETERMINATION, THE COURT SHALL NOT CONSIDER A PARENT'S ABSENCE DUE TO ACTIVE MILITARY DUTY IN FAVOR OF OR AGAINST EITHER PARTY.]

(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