August 24, 2005, Introduced by Rep. Jones and referred to the Committee on Family and Children Services.
A bill to amend 1970 PA 91, entitled
"Child custody act of 1970,"
by amending sections 2, 5, and 7 (MCL 722.22, 722.25, and 722.27),
section 2 as amended by 2004 PA 542, section 5 as amended by 1993
PA 259, 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
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.
(c) "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.
(d) "Military service" means a reserve unit member or national
guard unit member 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
4.
(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.
Sec. 5. (1) If a child custody dispute is between the parents,
between agencies, or between third persons, the best interests of
the child control. If the child custody dispute is between the
parent or parents and an agency or a third person, the court shall
presume that the best interests of the child are served by awarding
custody to the parent or parents, unless the contrary is
established by clear and convincing evidence. If a parent is called
to military service, the court shall not make a best interest
determination based on that parent's separation from his or her
child due to the military service.
(2) Notwithstanding other provisions of this act, if a child
custody dispute involves a child who is conceived as the result of
acts for which 1 of the child's biological parents is convicted of
criminal
sexual conduct as provided in sections
520a 520b to
520e
and
520g of the Michigan penal code, Act No. 328 of the Public
Acts
of 1931, being sections 750.520a to 750.520e and 750.520g of
the
Michigan Compiled Laws 1931
PA 328, MCL 750.520b to 750.520e
and 750.520g, the court shall not award custody to the convicted
biological parent. This subsection does not apply to a conviction
under
section 520d(1)(a) of the Michigan penal code,
Act No. 328
of
the Public Acts of 1931, being section 750.520d of the Michigan
Compiled
Laws 1931 PA 328, MCL
750.520d. This subsection does not
apply if, after the date of the conviction, the biological parents
cohabit and establish a mutual custodial environment for the child.
(3) Notwithstanding other provisions of this act, if an
individual is convicted of criminal sexual conduct as provided in
sections 520a
520b to 520e and 520g of Act No. 328 of the
Public
Acts
of 1931 the Michigan penal
code, 1931 PA 328, MCL 750.520b to
750.520e and 750.520g, and the victim is the individual's child,
the court shall not award custody of that child or a sibling of
that child to that individual, unless both the child's other parent
and, if the court considers the child or sibling to be of
sufficient age to express his or her desires, the child or sibling
consent to the custody.
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.
(c) 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.
Military service by a custodial parent is not proper cause shown or
a change of circumstances sufficient to justify a modification or
amendment of a previous custody judgment or order. 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 parent is called to military service, a
permanent custodial environment may not be established during that
period of service.
(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.