August 9, 2006, Introduced by Reps. Jones, Steil, David Law, Hansen, Nofs, Polidori, Emmons, Booher, Kahn, Farhat and Pearce and referred to the Committee on Judiciary.
A bill to amend 1970 PA 91, entitled
"Child custody act of 1970,"
by amending section 5 (MCL 722.25), as amended by 1993 PA 259.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.
(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 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 750.520a 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 to 520e and 520g of Act No. 328 of the Public Acts
of
1931 the Michigan penal
code, 1931 PA 328, MCL 750.520a 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.