Bill Text: MI HB4071 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Family law; child custody; requirement to file motion for change of custody or parenting time order when parent is called to active military duty; modify. Amends sec. 7a of 1970 PA 91 (MCL 722.27a). TIE BAR WITH: HB 4482'15, SB 0089'15
Spectrum: Partisan Bill (Republican 9-0)
Status: (Passed) 2015-06-10 - Assigned Pa 50'15 With Immediate Effect [HB4071 Detail]
Download: Michigan-2015-HB4071-Engrossed.html
HB-4071, As Passed Senate, May 26, 2015
SUBSTITUTE FOR
HOUSE BILL NO. 4071
A bill to amend 1970 PA 91, entitled
"Child custody act of 1970,"
by amending section 7a (MCL 722.27a), as amended by 2012 PA 600.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7a. (1) Parenting time shall be granted in accordance
with the best interests of the child. It is presumed to be in the
best interests of a child for the child to have a strong
relationship with both of his or her parents. Except as otherwise
provided in this section, parenting time shall be granted to a
parent in a frequency, duration, and type reasonably calculated to
promote a strong relationship between the child and the parent
granted parenting time.
(2) If the parents of a child agree on parenting time terms,
the court shall order the parenting time terms unless the court
determines on the record by clear and convincing evidence that the
parenting time terms are not in the best interests of the child.
(3) A child has a right to parenting time with a parent unless
it is shown on the record by clear and convincing evidence that it
would endanger the child's physical, mental, or emotional health.
(4) Notwithstanding other provisions of this act, if a
proceeding regarding parenting time 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, 1931 PA 328, MCL 750.520a to 750.520e and 750.520g, the court
shall not grant parenting time to the convicted biological parent.
This subsection does not apply to a conviction under section
520d(1)(a) of the Michigan penal code, 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.
(5) 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 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 grant parenting time with
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 parenting time.
(6) The court may consider the following factors when
determining the frequency, duration, and type of parenting time to
be granted:
(a) The existence of any special circumstances or needs of the
child.
(b) Whether the child is a nursing child less than 6 months of
age, or less than 1 year of age if the child receives substantial
nutrition through nursing.
(c) The reasonable likelihood of abuse or neglect of the child
during parenting time.
(d) The reasonable likelihood of abuse of a parent resulting
from the exercise of parenting time.
(e) The inconvenience to, and burdensome impact or effect on,
the child of traveling for purposes of parenting time.
(f) Whether a parent can reasonably be expected to exercise
parenting time in accordance with the court order.
(g) Whether a parent has frequently failed to exercise
reasonable parenting time.
(h) The threatened or actual detention of the child with the
intent to retain or conceal the child from the other parent or from
a third person who has legal custody. A custodial parent's
temporary residence with the child in a domestic violence shelter
shall not be construed as evidence of the custodial parent's intent
to retain or conceal the child from the other parent.
(i) Any other relevant factors.
(7) Parenting time shall be granted in specific terms if
requested by either party at any time.
(8) A parenting time order may contain any reasonable terms or
conditions that facilitate the orderly and meaningful exercise of
parenting time by a parent, including 1 or more of the following:
(a) Division of the responsibility to transport the child.
(b) Division of the cost of transporting the child.
(c) Restrictions on the presence of third persons during
parenting time.
(d) Requirements that the child be ready for parenting time at
a specific time.
(e) Requirements that the parent arrive for parenting time and
return the child from parenting time at specific times.
(f) Requirements that parenting time occur in the presence of
a third person or agency.
(g) Requirements that a party post a bond to assure compliance
with a parenting time order.
(h) Requirements of reasonable notice when parenting time will
not occur.
(i) Any other reasonable condition determined to be
appropriate in the particular case.
(9) Except as provided in this subsection, a parenting time
order shall contain a prohibition on exercising parenting time in a
country
that is not a party to the Hague convention Convention on
the
civil aspects of international child abduction. Civil Aspects
of International Child Abduction. This subsection does not apply if
both parents provide the court with written consent to allow a
parent to exercise parenting time in a country that is not a party
to
the Hague convention Convention
on the civil aspects of
international
child abduction.Civil Aspects
of International Child
Abduction.
(10) During the time a child is with a parent to whom
parenting time has been awarded, that parent shall decide all
routine matters concerning the child.
(11) Prior to entry of a temporary order, a parent may seek an
ex parte interim order concerning parenting time. If the court
enters an ex parte interim order concerning parenting time, the
party on whose motion the ex parte interim order is entered shall
have a true copy of the order served on the friend of the court and
the opposing party.
(12) If the opposing party objects to the ex parte interim
order, he or she shall file with the clerk of the court within 14
days after receiving notice of the order a written objection to, or
a motion to modify or rescind, the ex parte interim order. The
opposing party shall have a true copy of the written objection or
motion served on the friend of the court and the party who obtained
the ex parte interim order.
(13) If the opposing party files a written objection to the ex
parte interim order, the friend of the court shall attempt to
resolve the dispute within 14 days after receiving it. If the
matter cannot be resolved, the friend of the court shall provide
the opposing party with a form motion and order with written
instructions for their use in modifying or rescinding the ex parte
order without assistance of counsel. If the opposing party wishes
to proceed without assistance of counsel, the friend of the court
shall schedule a hearing with the court that shall be held within
21 days after the filing of the motion. If the opposing party files
a motion to modify or rescind the ex parte interim order and
requests a hearing, the court shall resolve the dispute within 28
days after the hearing is requested.
(14) An ex parte interim order issued under this section shall
contain the following notice:
NOTICE:
1. You may file a written objection to this order or a motion
to modify or rescind this order. You must file the written
objection or motion with the clerk of the court within 14 days
after you were served with this order. You must serve a true copy
of the objection or motion on the friend of the court and the party
who obtained the order.
2. If you file a written objection, the friend of the court
must try to resolve the dispute. If the friend of the court cannot
resolve the dispute and if you wish to bring the matter before the
court without the assistance of counsel, the friend of the court
must provide you with form pleadings and written instructions and
must schedule a hearing with the court.
(15) As provided in the servicemembers civil relief act, 50
USC 501 to 597b, if a motion for change of parenting time 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
presume that the best interests of the child are served by not
entering an order modifying or amending a previous judgment or
order, or issuing a new order, that changes the parenting time that
existed on the date the parent was called to deployment, unless the
contrary is established by clear and convincing evidence, at which
time the court may enter a temporary parenting time order. When a
temporary parenting time order is issued under this subsection, the
court may include a limit on the period of time that the temporary
parenting time 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 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 applications for
an extension of a stay.
(16) 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 parenting time order in effect immediately preceding
that period of deployment. If a motion for change of parenting time
is filed after a parent returns from deployment, the court shall
not consider a parent's absence due to that deployment in making a
determination regarding change of parenting time. Future
deployments shall not be considered in making a best interest of
the child determination.
(17) 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) Senate Bill No. 9.
(b) Senate Bill No.____ or House Bill No. 4482 (request no.
02061'15).
