Bill Summary – FastDemocracy

HOUSE BILL NO. 6262
     December 10, 2024, Introduced by Reps. Beeler and Thompson and referred to the Committee on
       Families, Children and Seniors.
          A bill to amend 1970 PA 91, entitled
    "Child custody act of 1970,"
    by amending sections 6a and 7 (MCL 722.26a and 722.27), section 6a
    as added by 1980 PA 434 and section 7 as amended by 2015 PA 52.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 6a. (1) In a custody disputes dispute between parents,
 the parents shall must be advised of joint custody. At the request
 of either parent, the court shall consider an award of joint
 custody, and shall state on the record the reasons for granting or
 denying a request. In other cases joint custody may be considered
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 by the court. The court shall determine whether joint custody is in
 the best interest interests of the child by considering the
 following factors:
       (a) The factors enumerated in section 3.
       (b) Whether the parents will be able to cooperate and
 generally agree concerning important decisions affecting the
 child's welfare. of the child.
       (2) If the parents agree on joint custody, the court shall
 award joint custody unless the court determines on the record,
 based upon clear and convincing evidence, that joint custody is not
 in the best interests of the child.
       (3) If the court awards joint custody, the court may include
 in its award a statement regarding when the child shall reside with
 each parent, or may provide that physical custody be shared by the
 parents in a manner to assure ensure the child continuing contact
 with both parents.
       (4) During the time a child resides with a parent, that parent
 shall decide decides all routine matters concerning the child.
       (5) If there is a dispute regarding residency, the court shall
 state the basis for a residency award on the record or in writing.
       (6) Joint custody shall does not eliminate the responsibility
 for child support. Each parent shall be is responsible for child
 support based on the needs of the child and the actual resources of
 each parent. If a parent would otherwise be unable to maintain
 adequate housing for the child and the other parent has sufficient
 resources, the court may order modified support payments for a
 portion of housing expenses even during a period when the child is
 not residing in the home of the parent receiving support. An order
 of joint custody, in and of itself, shall is not constitute grounds
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 for modifying a support order.
         (7) A parent is not responsible for child support for a child
 that the court determines is not the parent's biological child.
         (8) (7) As used in this section, "joint custody" means an
 order of the court in which 1 or both of the following is
 specified:
         (a) That the child shall reside alternately for specific
 periods with each of the parents.
         (b) That the parents shall share decision-making authority as
 to the important decisions affecting the welfare of the child.
         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 the child 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) Subject to subsection (3), (4), modify or amend its
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 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 interests 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
 must also be considered. If a motion for change of custody is filed
 while a parent is active duty, the court shall not consider a
 parent's absence due to that active duty status in a best interest
 interests 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
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 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) A parent is not responsible for child support for a child
 that the court determines is not the parent's biological child.
       (4) (3) As provided in the servicemembers civil relief act, 50
 USC 501 to 597b, 3901 to 4043, 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
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 shall must not be considered in making a best interest interests of
 the child determination.
       (5) (4) The parent shall must inform the court of the
 deployment end date before or within by not later than 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 interests of the child
 determination. Future deployments shall must not be considered in
 making a best interest interests of the child determination.
       (6) (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 does not take effect
 unless all of the following bills of the 101st Legislature are
 enacted into law:
       (a) Senate Bill No.____ or House Bill No. 6263 (request no.
 06344'24).
       (b) Senate Bill No.____ or House Bill No. 6260 (request no.
 06344'24 b).
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Statutes affected: 
House Introduced Bill: 722.26, 722.27