SB-0009, As Passed Senate, May 27, 2015

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 9

     A bill to amend 1970 PA 91, entitled

"Child custody act of 1970,"

by amending section 7 (MCL 722.27), as amended by 2005 PA 328.

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.

     (c) Modify 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 also be

considered. If a motion for change of custody is filed during the

time while 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 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 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.

     (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 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 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.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 98th Legislature are

enacted into law:

     (a) House Bill No. 4071.

     (b) Senate Bill No.____ or House Bill No. 4482 (request no.

02061'15).