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HB-5100, As Passed Senate, November 8, 2005

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5100

A bill to amend 1970 PA 91, entitled

"Child custody act of 1970,"

by amending section 7 (MCL 722.27), as amended by 2001 PA 108.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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, except the court may enter a

temporary custody order if there is clear and convincing evidence

that it is in the best interest of the child. Upon a parent's

return from active military duty, the court shall reinstate the

custody order in effect immediately preceding that period of active

military duty. If a motion for change of custody is filed after a

parent returns from active military duty, the court shall not

consider a parent's absence due to that military duty 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 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.

Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 714 of the 93rd Legislature is enacted into