Bill Text: MI HB5163 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Family law; child custody; delegation of visitation rights for service members; allow. Amends sec. 7 of 1970 PA 91 (MCL 722.27) & adds sec. 7c.
Spectrum: Moderate Partisan Bill (Republican 22-4)
Status: (Introduced - Dead) 2012-07-18 - Recommendation Concurred In [HB5163 Detail]
Download: Michigan-2011-HB5163-Introduced.html
HOUSE BILL No. 5163
November 10, 2011, Introduced by Reps. Damrow, Glardon, Callton, Hughes, Horn, Yonker, Rogers, MacGregor, Agema, Rendon, Jenkins, Gilbert, Heise, Potvin, Darany, Liss, Cavanagh, Haugh, Lyons, Kurtz, LaFontaine, Price, Muxlow, Forlini, Kowall and Johnson and referred to the Committee on Judiciary.
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, and
by adding section 7c.
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 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 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 duty 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) A motion for change of custody that is filed during the
time a parent is in active military duty is governed by section 7c.
Sec. 7c. (1) If a motion for change of custody is filed during
the time 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 that 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.
(2) Except as provided in this section, a parent's temporary
duty, mobilization, or deployment to active military service and
the resulting temporary absence from the child shall not be a
factor in the court's decision to grant or deny a petition for
custody or visitation.
(3) 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 duty in a best interest of the child
determination.
(4) A parent called to active military duty may petition the
court to order delegation of his or her guardianship or visitation
rights to a third party when the parent is on active military duty.
The court may enter an order to delegate the guardianship or
visitation rights of a parent who has been called to active
military duty if the court finds that the third party receiving the
delegation has an existing close relationship to the child and the
delegation is in the best interest of the child. There is a
rebuttable presumption that a parent called to active military duty
may not delegate his or her guardianship or visitation rights to a
third party who has a history of perpetrating domestic violence
against a spouse, a child, or a domestic living partner or to a
third party who has an individual in his or her household who has a
history of perpetrating domestic violence against a spouse, a
child, or a domestic living partner.
(5) A hearing on a petition filed under this section shall be
expedited by the court upon a motion filed by the parent being
called to active military duty.
(6) Upon a motion by a parent who has been called to active
military duty, provided that reasonable advance notice is given and
good cause is shown, the court shall allow that parent to present
testimony and evidence by electronic means with respect to matters
being decided under this section when the parent's deployment has a
material effect on his or her ability to appear in person at a
regularly scheduled hearing. As used in this subsection,
"electronic means" includes communication by telephone or video
conference.
