SB-0009, As Passed House, May 26, 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).