Bill Text: MI HB4691 | 2017-2018 | 99th Legislature | Introduced


Bill Title: Family law; child custody; joint custody in every custody dispute between parents; mandate except in certain circumstances. Amends secs. 1, 2, 3, 4, 6a, 7, 7a & 11 of 1970 PA 91 (MCL 722.21 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-06-20 - Referred To Second Reading [HB4691 Detail]

Download: Michigan-2017-HB4691-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4691

 

 

May 31, 2017, Introduced by Reps. Runestad, Kelly, VanSingel, Lucido, Hauck, Cole and Tedder and referred to the Committee on Judiciary.

 

     A bill to amend 1970 PA 91, entitled

 

"Child custody act of 1970,"

 

by amending sections 1, 2, 3, 4, 6a, 7, 7a, and 11 (MCL 722.21,

 

722.22, 722.23, 722.24, 722.26a, 722.27, 722.27a, and 722.31),

 

section 2 as amended by 2015 PA 51, section 3 as amended by 2016 PA

 

95, section 4 as amended by 1998 PA 482, section 6a as added by

 

1980 PA 434, section 7 as amended by 2015 PA 52, section 7a as

 

amended by 2016 PA 96, and section 11 as added by 2000 PA 422.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the "child

 

custody act of 1970"."Michigan shared parenting act".

 

     Sec. 2. As used in this act:

 

     (a) "Active duty" means that term as defined in section 101 of

 

the servicemembers civil relief act, 50 USC 511, except that

 

"active duty" includes full-time national guard National Guard


duty.

 

     (b) "Agency" means a legally authorized public or private

 

organization, or governmental unit or official, whether of this

 

state or of another state or country, concerned in the welfare of

 

minor children, including a licensed child placement agency.

 

     (c) "Attorney" means, if appointed to represent a child under

 

this act, an attorney serving as the child's legal advocate in a

 

traditional attorney-client relationship with the child, as

 

governed by the Michigan rules of professional conduct. An attorney

 

defined under this subdivision owes the same duties of undivided

 

loyalty, confidentiality, and zealous representation of the child's

 

expressed wishes as the attorney would to an adult client.

 

     (d) "Child" means minor child and children. Subject to section

 

5b of the support and parenting time enforcement act, 1982 PA 295,

 

MCL 552.605b, for purposes of providing support, child includes a

 

child and children who have reached 18 years of age.

 

     (e) "Deployment" means the movement or mobilization of a

 

servicemember to a location for a period of longer than 60 days and

 

not longer than 540 days under temporary or permanent official

 

orders as follows:

 

     (i) That are designated as unaccompanied.

 

     (ii) For which dependent travel is not authorized.

 

     (iii) That otherwise do not permit the movement of family

 

members to that location.

 

     (iv) The servicemember is restricted from travel.

 

     (f) "Established custodial environment" means the environment

 

of a child established over an appreciable time where the child


naturally looks to the party for guidance, discipline, the

 

necessities of life, and parental comfort.

 

     (g) (f) "Grandparent" means a natural or adoptive parent of a

 

child's natural or adoptive parent.

 

     (h) (g) "Guardian ad litem" means an individual whom the court

 

appoints to assist the court in determining the child's best

 

interests. A guardian ad litem does not need to be an attorney.

 

     (i) "Joint legal custody" means the parents share decision-

 

making authority as to the important decisions affecting the

 

welfare and well-being of the child.

 

     (j) (h) "Lawyer-guardian ad litem" means an attorney appointed

 

under section 4. A lawyer-guardian ad litem represents the child,

 

and has the powers and duties, as set forth in section 4.

 

     (k) "Legal recognition of parentage" means that parentage is

 

established under the paternity act, 1956 PA 205, MCL 722.711 to

 

722.730, the child's father has acknowledged paternity under the

 

acknowledgment of paternity act, 1996 PA 305, MCL 722.1001 to

 

722.1013, parentage is established under the Michigan adoption

 

code, chapter X of the probate code of 1939, 1939 PA 288, MCL

 

710.21 to 710.70, or parentage is established under the law of

 

another state.

 

     (l) "Materially compromised" means diminished outcomes that

 

exceed minor deviations and that would have a significant and

 

profound impact on the well-being of the child.

 

     (m) (i) "Parent" means the natural or adoptive parent of a

 

child.

 

     (n) "Parenting time" means the time the child spends with


either parent.

 

     (o) (j) "State disbursement unit" or "SDU" means the entity

 

established in section 6 of the office of child support act, 1971

 

PA 174, MCL 400.236.

 

     (p) "Substantially equal parenting time" means the child

 

resides for alternating periods of time with each parent and that

 

the court seeks to provide balance and equality in overnights, with

 

1 parent not to exceed 200 overnights in a year unless otherwise

 

adjusted for or agreed to by the parties.

 

     (q) (k) "Third person" means an individual other than a

 

parent.

 

     Sec. 3. As used in this act, "best interests of the child"

 

means the both of the following:

 

     (a) Maintaining an ongoing relationship with each parent and

 

the right of the child to a substantially equal parenting time

 

arrangement that promotes a strong relationship between a child and

 

his or her parents.

 

     (b) The sum total of the following factors to be considered,

 

evaluated, and determined by the court, recognizing that both

 

parents, individually and collectively, contribute directly and

 

financially and that parenting includes a division of labor:

 

     (i) (a) The love, affection, and other emotional ties existing

 

between the parties involved and the child.

 

     (b) The capacity and disposition of the parties involved to

 

give the child love, affection, and guidance and to continue the

 

education and raising of the child in his or her religion or creed,

 

if any.


     (c) The capacity and disposition of the parties involved to

 

provide the child with food, clothing, medical care or other

 

remedial care recognized and permitted under the laws of this state

 

in place of medical care, and other material needs.

 

     (d) The length of time the child has lived in a stable,

 

satisfactory environment, and the desirability of maintaining

 

continuity.

 

     (e) The permanence, as a family unit, of the existing or

 

proposed custodial home or homes.

 

     (f) The moral fitness of the parties involved.

 

     (g) The mental and physical health of the parties involved.

 

     (h) The home, school, and community record of the child.

 

     (i) The reasonable preference of the child, if the court

 

considers the child to be of sufficient age to express preference.

 

     (ii) The capacity and a history of the parents providing for,

 

through financial support or otherwise, the child's education

 

endeavors and health care needs.

 

     (iii) The capacity and a history of the parents providing,

 

through financial support or otherwise, food, clothing, and other

 

necessities of the child's daily life.

 

     (iv) A history of the parents maintaining regular and ongoing

 

contact with the child and the impact on the child if regular and

 

ongoing contact with the parents is not maintained.

 

     (v) The capacity and a history of the parents to provide age-

 

appropriate emotional and social development.

 

     (vi) A parent's behavior extending beyond reasonable parenting

 

practices that materially compromises the stability of the home or


the health, safety, or well-being of the child.

 

     (vii) A mental or physical condition of a parent that

 

materially compromises the stability of the home or the health,

 

safety, or well-being of the child.

 

     (viii) The impact on the child's academics if regular and

 

ongoing contact with both parents is not maintained.

 

     (ix) If a parent is engaged in criminal activity or substance

 

use that materially compromises the stability of the home or the

 

health, safety, or well-being of the child.

 

     (x) (j) The willingness and ability of each of the parties to

 

facilitate and encourage a close and continuing parent-child

 

relationship between the child and the other parent or the child

 

and the parents. A court may not consider negatively for the

 

purposes of this factor any reasonable action taken by a parent to

 

protect a child or that parent from sexual assault or domestic

 

violence by the child's other parent or a person in the child's

 

home.

 

     (k) Domestic violence, regardless of whether the violence was

 

directed against or witnessed by the child.

 

     (xi) (l) Any other factor considered by the court to be

 

relevant to a particular child custody dispute.that may materially

 

compromise the stability of the home or the health, safety, or

 

well-being of the child.

 

     Sec. 4. (1) In all actions involving dispute of a minor

 

child's custody, the court shall declare the child's inherent

 

rights and establish the rights responsibilities and duties as to

 

the child's custody, support, and parenting time in accordance with


this act.

 

     (2) If, at any time in the proceeding, the court determines

 

that the child's best interests are inadequately represented, the

 

court may appoint a lawyer-guardian ad litem to represent the

 

child. A lawyer-guardian ad litem represents the child and has

 

powers and duties in relation to that representation as set forth

 

in section 17d of chapter XIIA of 1939 PA 288, MCL 712A.17d. All

 

provisions of section 17d of chapter XIIA of 1939 PA 288, MCL

 

712A.17d, apply to a lawyer-guardian ad litem appointed under this

 

act.

 

     (3) In a proceeding in which a lawyer-guardian ad litem

 

represents a child, he or she may file a written report and

 

recommendation. The court may read the report and recommendation.

 

The court shall not , however, admit the report and recommendation

 

into evidence unless all parties stipulate the admission. The

 

parties may make use of the report and recommendation for purposes

 

of a settlement conference.

 

     (4) After a determination of ability to pay, the court may

 

assess all or part of the costs and reasonable fees of the lawyer-

 

guardian ad litem against 1 or more of the parties involved in the

 

proceedings or against the money allocated from marriage license

 

fees for family counseling services under section 3 of 1887 PA 128,

 

MCL 551.103. A lawyer-guardian ad litem appointed under this

 

section shall not be paid a fee unless the court first receives and

 

approves the fee.

 

     Sec. 6a. (1) If the parents reside together at the time the

 

custody or divorce action is filed, it is presumed that both


parents have established a custodial environment for the purpose of

 

determining custody and parenting time arrangements.

 

     (2) If the parents do not reside together, at the time the

 

child custody action or divorce action is filed, each party shall

 

be given 90 days to notify the court and the other party of his or

 

her intention to preserve his or her established custodial

 

environment.

 

     (3) If a parent provides timely notification as described in

 

subsection (2), the court shall presume that the parent has

 

maintained the established custodial environment for the purpose of

 

determining custody and parenting time arrangements.

 

     (4) A parent may rebut the presumption of an established

 

custodial environment under subsection (1) or (3) by presenting

 

clear and convincing evidence that maintaining the established

 

custodial environment with the other parent is not in the child's

 

best interest.

 

     (5) If a parent notifies the court after the 90-day period

 

provided in subsection (2), the court shall provide the parent with

 

an opportunity for reunification with the child and order that an

 

effort for reunification of the child with the parent be made,

 

unless the court determines by clear and convincing evidence that

 

reunification is not in the child's best interest under subsection

 

(11).

 

     (6) If the presumption of an established custodial environment

 

under subsection (1) or (3) is rebutted because that parent was

 

unaware of the parentage or was unable to make routine contact with

 

the child, the parent shall be given 90 days from the date of legal


recognition of parentage or from the date the court rebuts the

 

presumption to notify the court that he or she is establishing his

 

or her custodial environment.

 

     (7) After notification described in subsection (2), the court

 

shall provide the parent with an opportunity for unification with

 

the child and order that an effort for unification of the child

 

with the parent be made, unless the court determines by clear and

 

convincing evidence that unification is not in the child's best

 

interest under subsection (11).

 

     (8) Except as provided in subsection (6), if the presumption

 

of an established custodial environment under subsection (1) or (3)

 

is rebutted, the court shall order reasonable parenting time

 

according to section 7a.

 

     (9) (1) In custody disputes between parents, the parents shall

 

be advised by the court of the presumption of joint legal custody

 

and substantially equal parenting time and of the deadlines

 

provided in this section. 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 by the court. The court shall

 

determine whether joint custody is in the best interest 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

 

welfare of the child.

 

     (10) A court shall grant joint legal custody to the parents


unless the parents mutually consent to another agreement or 1

 

parent demonstrates by clear and convincing evidence that a child's

 

health, safety, or well-being would likely be materially

 

compromised. If the court determines that the parents, if awarded

 

joint legal custody, are not likely to cooperate or agree

 

concerning important decisions affecting the welfare of the child,

 

the court may do the following:

 

     (a) Refer the parents to appropriate services until the

 

parents are able to cooperate and agree on important decisions for

 

the benefit of the child.

 

     (b) Inform the parents that the court may revoke joint legal

 

custody if the child's health, safety, or well-being would likely

 

be materially compromised by the parents' inability to agree.

 

     (c) Order that no changes may be made with regard to the

 

child's schooling or other important decisions until the parents

 

are able to agree on important issues for the benefit of the child

 

or agree to a decision-making process or designee to settle

 

disputes for the benefit of the child.

 

     (d) Any other action the court considers necessary to bring

 

the parents into cooperation for the benefit of the child.

 

     (11) If an established custodial environment has been created

 

by both parents, a court shall order that it is in the best

 

interests of the child to grant the parents substantially equal

 

parenting time unless the parents consent to another agreement or 1

 

parent demonstrates by clear and convincing evidence 1 of the

 

following:

 

     (a) The child has been exposed to domestic violence,


regardless of whether the violence was directed against or

 

witnessed by the child, including violence the child may be exposed

 

to by a family member or an unrelated person whom the parent allows

 

to have contact with the child.

 

     (b) The child would likely be subjected to child abuse or

 

child neglect as those terms are defined in section 2 of the child

 

protection law, 1975 PA 238, MCL 722.622.

 

     (c) If the relationship between the child and a parent is

 

materially harmed during the child's time with the other parent due

 

to actions that attempt to frustrate the relationship or alienate

 

the child from the parent.

 

     (d) A parent has knowingly made false or misleading

 

allegations regarding child abuse, child neglect, or domestic

 

violence in a family court proceeding.

 

     (e) A child has a strong, genuine, and reasonable preference

 

if the court considers the child to be of sufficient age and

 

maturity to express preference and that preference is not caused as

 

a result of parental alienation. Predominant weight shall be given

 

to a child's preference after he or she turns 16 years of age.

 

     (12) (2) The court shall allow the parents sufficient time to

 

consider and discuss a parenting time arrangement. If the parents

 

agree on joint legal custody and parenting time, the court shall

 

award joint legal custody and the parenting time agreement unless

 

the court determines on the record, based upon clear and convincing

 

evidence, that joint legal custody or the parenting time agreement

 

is not in the best interests of the child.

 

     (13) (3) If the court awards joint custody, If the parents do


not agree to parenting time, the court may refer the parents to

 

services to come to an agreement in the best interests of the child

 

or 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.

 

     (14) (4) During the time a child resides with a parent, that

 

parent shall decide all routine matters concerning the child.

 

     (15) (5) If there is a dispute regarding residency, If the

 

parents have joint legal custody, the court shall designate 1 of

 

the parents' addresses as the official residence solely for the

 

purpose of all other state or federal statutes that require a

 

designation or determination of custody or residence without

 

respect to parenting time. The court shall state the basis for a

 

residency award determination on the record or in writing.

 

     (16) (6) Joint legal custody shall does not eliminate the

 

responsibility for child support. Each parent shall must be

 

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. If a parent who is responsible for paying

 

support would otherwise be unable to maintain adequate housing for

 

the child and the other parent has sufficient resources, the court

 

may reduce support payments for the benefit of the child. An order


of joint legal custody, in and of itself, shall does not constitute

 

grounds for modifying a support order.

 

     (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 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 must 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.

 

     (b) (c) Subject to subsection (3), modify or amend its


previous judgments or orders for proper cause shown or because of

 

change of circumstances according to section 6a 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 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 of the child determination.

 

     (c) (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.

 

     (d) (e) Take any other action considered to be necessary in a

 

particular child custody dispute.

 

     (e) (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 joint legal custody or

 

parenting time is filed during the time a parent is on deployment,

 

a parent may file and the court shall entertain grant 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 joint legal custody or parenting

 

time that existed on the date the parent was called to deployment,

 

except that the court may enter a temporary custody parenting time

 

order if there is clear and convincing evidence that it is in the

 

best interests of the child. When a temporary custody parenting

 

time order is issued under this subsection, the court may include a

 

limit on the period of time that the temporary custody 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 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) In order to ensure and maintain the established custodial

 

environment and stability for the child, the parent on deployment

 

may designate a third party who may exercise the deployed parent's

 

parenting time while that parent is on deployment.

 

     (5) (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 joint legal custody and parenting time order in

 

effect immediately preceding that period of deployment. If a motion

 

for change of joint legal custody or 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 best interest

 

of the child determination. Future deployments shall not be

 

considered in making a best interest of the child determination.

 

     (6) (5) If the deploying parent and the other parent share

 

joint legal custody, the deploying parent must notify the other

 

parent of an upcoming deployment within a reasonable period of

 

time.

 

     Sec. 7a. (1) Parenting time shall be granted in accordance

 

with the best interests of the child. A parenting time order may

 

contain any reasonable term or condition that facilitates 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) Restriction on the presence of third persons during

 

parenting time, if it is determined by the court to impact the

 

health, safety, or well-being of the child.

 

     (d) Requirement that the child be ready for parenting time at

 

a specific time.

 

     (e) Requirement that the parent arrive for parenting time and

 

return the child from parenting time at specific times.

 

     (f) Requirement that parenting time occur in the presence of a

 

third person.

 

     (g) Requirement that a parent post a bond to ensure compliance

 

with a parenting time order.

 

     (h) Requirement of reasonable notice when parenting time will

 

not occur.

 

     (i) Any other reasonable condition determined to be

 

appropriate in the particular case.

 

     (2) 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 on the 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 on the Civil Aspects of

 

International Child Abduction.

 

     (3) If the court awards substantially equal parenting time,


parenting time shall be granted in accordance with the best

 

interests of the child and the provisions of section 6a.

 

     (4) If the court orders a parenting time arrangement other

 

than substantially equal parenting time to both parties,

 

subsections (5) to (12) apply.

 

     (5) 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.

 

     (6) (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.

 

     (7) (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.

 

     (8) (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, or a

 

substantially similar statute of another state or the federal


government, or is found by clear and convincing evidence in a fact-

 

finding hearing to have committed acts of nonconsensual sexual

 

penetration, the court shall not grant parenting time to that

 

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, or the date of the finding in a fact-finding

 

hearing described in this subsection, the biological parents

 

cohabit and establish a mutual custodial environment for the child.

 

     (9) (5) A parent may assert an affirmative defense of the

 

provisions of subsection (4) (8) in a proceeding brought by the

 

offending parent regarding a child described in subsection (4).(8).

 

     (10) (6) 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.

 

     (11) (7) The court may shall 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 child abuse or child 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 who has

 

joint legal custody 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.

 

     (12) (8) Parenting time shall be granted in specific terms if

 

requested by either party at any time.

 

     (9) 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.

 

     (10) 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 on the 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 on the Civil Aspects of

 

International Child Abduction.

 

     (13) (11) 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.

 

     (14) (12) 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.

 

     (15) (13) 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.

 

     (16) (14) 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.

 

     (17) (15) 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.

 

     (18) (16) 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 grant 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.

 

     (19) In order to ensure and maintain the established custodial

 

environment and stability for the child, the parent on deployment

 

may designate a third party who may exercise the deployed parent's

 

parenting time while that parent is on deployment.

 

     (20) (17) 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.

 

     (21) (18) 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.

 

     (22) (19) As used in this section, "offending parent" means a

 

parent who has been convicted of criminal sexual conduct as

 

described in subsection (4) (8) or who has been found by clear and


convincing evidence in a fact-finding hearing to have committed

 

acts of nonconsensual sexual penetration as described in subsection

 

(4).(8).

 

     Sec. 11. (1) A child whose parental custody is governed by

 

court order has, for the purposes of this section, a legal

 

residence with each parent. Except as otherwise provided in this

 

section, a parent of a child whose custody is governed by court

 

order shall not change a legal residence of the child to a location

 

that is more than 100 40 miles from the child's legal residence or

 

school at the time of the commencement of the action in which the

 

order is issued.unless the court determines for the benefit of the

 

child that the distance of 40 miles would negatively affect the

 

child's access to parenting time, parental involvement in the

 

child's school, or the child's ability to access his or her routine

 

support groups and extracurricular activities. The distance of 40

 

miles is determined as measured by a vehicle's odometer unless

 

otherwise agreed to by the parties.

 

     (2) A parent's change of a child's legal residence is not

 

restricted by subsection (1) if the other parent consents to, or if

 

the court, after complying with subsection (4), permits, the

 

residence change. This section does not apply if the order

 

governing the child's custody grants sole legal custody to 1 of the

 

child's parents.

 

     (3) This section does not apply if, at the time of the

 

commencement of the action in which the custody order is issued,

 

the child's 2 residences were more than 100 40 miles apart. This

 

section does not apply if the legal residence change results in the


child's 2 legal residences being closer to each other than before

 

the change.

 

     (4) Before permitting a legal residence change otherwise

 

restricted by subsection (1), the court shall consider each of the

 

following factors, with the child as the primary focus in the

 

court's deliberations:the parent requesting the change must prove

 

the following by clear and convincing evidence:

 

     (a) Whether the The legal residence change has the capacity to

 

improve the quality of life for both the child and the relocating

 

parent.

 

     (b) The degree to which each parent has complied with, and

 

utilized his or her time under, a court order governing parenting

 

time with the child, and whether that the moving parent's plan to

 

change the child's legal residence is not inspired by that parent's

 

desire to defeat or frustrate the parenting time schedule.

 

     (c) The degree to which the court is satisfied that, if If the

 

court permits the legal residence change, it is possible to order a

 

modification of the parenting time schedule and other arrangements

 

governing the child's schedule in a manner that can provide an

 

adequate basis for preserving and fostering the parental

 

relationship between the child and each parent; and whether each

 

parent's established custodial environment and that each parent is

 

likely to comply with the modification.

 

     (d) The extent to which the parent opposing the legal

 

residence change is motivated by a desire to secure a financial

 

advantage with respect to a support obligation.

 

     (e) Domestic That no domestic violence, regardless of whether


the violence was directed against or witnessed by the child is

 

likely to exist in the moving parent's new residence.

 

     (5) Each order determining or modifying custody or parenting

 

time of a child shall may include a provision stating the parent's

 

agreement as to how a change in either of the child's legal

 

residences will be handled. If such a that provision is included in

 

the order and a child's legal residence change is done in

 

compliance with that provision, this section does not apply. If the

 

parents do not agree on such a that provision, the court shall

 

include in the order the following provision: "A parent whose

 

custody or parenting time of a child is governed by this order

 

shall not change the legal residence of the child except in

 

compliance with section 11 of the "Child Custody Act of 1970",

 

"Michigan Shared Parenting Act", 1970 PA 91, MCL 722.31.".

 

     (6) If this section applies to a change of a child's legal

 

residence and the parent seeking to change that legal residence

 

needs to seek a safe location from the threat of domestic violence,

 

the parent may move to such a safe location with the child until

 

the court makes a determination under this section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

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