Child Custody Act of 1970
CHILD CUSTODY ACT OF 1970 Act 91 of 1970 AN ACT to declare the inherent rights of minor children; to establish rights and duties to their custody, support, and parenting time in disputed actions; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; to provide for certain procedure and appeals; and to repeal certain acts and parts of acts. History: 1970, Act 91, Eff. Apr. 1, 1971;--Am. 1990, Act 245, Imd. Eff. Oct. 10, 1990;--Am. 1996, Act 19, Eff. June 1, 1996. The People of the State of Michigan enact: MCL 722.21 CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.21 Child custody act; short title. Sec. 1. This act shall be known and may be cited as the "child custody act of 1970". History: 1970, Act 91, Eff. Apr. 1, 1971. MCL 722.22 CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.22 Definitions. Sec. 2. As used in this act: (a) "Agency" means any 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. (b) "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. (c) "Child" means minor child and children. Subject to section 4a, for purposes of providing support, child includes a child and children who have reached 18 years of age. (d) "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. (e) "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. (f) "Third person" means any individual other than a parent. History: 1970, Act 91, Eff. Apr. 1, 1971;--Am. 1990, Act 245, Imd. Eff. Oct. 10, 1990;--Am. 1998, Act 482, Eff. Mar. 1, 1999. MCL 722.23 CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.23 "Best interests of the child" defined. Sec. 3. As used in this act, "best interests of the child" means the sum total of the following factors to be considered, evaluated, and determined by the court: (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. (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. (k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child. (l) Any other factor considered by the court to be relevant to a particular child custody dispute. History: 1970, Act 91, Eff. Apr. 1, 1971;--Am. 1980, Act 434, Imd. Eff. Jan. 14, 1981;--Am. 1993, Act 259, Imd. Eff. Nov. 29, 1993. MCL 722.24 CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.24 Child custody disputes; powers of court; appointment of lawyer-guardian ad litem. 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 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. History: 1970, Act 91, Eff. Apr. 1, 1971;--Am. 1996, Act 19, Eff. June 1, 1996;--Am. 1998, Act 482, Eff. Mar. 1, 1999. MCL 722.24a CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.24a Support of child after child reaches 18 years of age; circumstances. Sec. 4a. (1) The court may order support for a child pursuant to section 7 to provide support after the child reaches 18 years of age as provided in this section. (2) Beginning on the effective date of this section, the court may order support for the time a child is regularly attending high school on a full-time basis with a reasonable expectation of completing sufficient credits to graduate from high school while residing on a full-time basis with the payee of support or at an institution, but in no case after the child reaches 19 years and 6 months of age. A complaint or motion requesting support as provided in this section may be filed at any time before the child reaches 19 years and 6 months of age. (3) A provision contained in a judgment or an order entered under this act before the effective date of this section that provides for the support of a child after the child reaches 18 years of age, without an agreement of the parties as described in subsection (4), is valid and enforceable to the extent the provision provides support for the child for the time the child is regularly attending high school on a full-time basis with a reasonable expectation of completing sufficient credits to graduate from high school while residing on a full-time basis with the payee of support or at an institution, but in no case after the child reaches 19 years and 6 months of age. This subsection shall not require any payment of support for a child after the child reaches 18 years of age for any period between November 8, 1989 and the effective date of this section or reimbursement of support paid between November 8, 1989 and the effective date of this section in those judicial circuits that did not enforce support for a child after the child reached 18 years of age during the period between November 8, 1989 and the effective date of this section. (4) Notwithstanding subsection (2), a provision contained in a judgment or an order entered under this act before, on, and after the effective date of this section that provides for the support of a child after the child reaches 18 years of age is valid and enforceable if 1 or more of the following apply: (a) The provision is contained in the judgment or order by agreement of the parties as stated in the judgment or order. (b) The provision is contained in the judgment or order by agreement of the parties as evidenced by the approval of the substance of the judgment or order by the parties or their attorneys. (c) The provision is contained in the judgment or order by written agreement signed by the parties. (d) The provision is contained in the judgment or order by oral agreement of the parties as stated on the record by the parties or their attorneys. History: Add. 1990, Act 245, Imd. Eff. Oct. 10, 1990. MCL 722.25 CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.25 Child custody disputes; controlling interests, presumption; award of custody to parent convicted of criminal sexual conduct. Sec. 5. (1) If a child custody dispute is between the parents, between agencies, or between third persons, the best interests of the child control. If the child custody dispute is between the parent or parents and an agency or a third person, the court shall presume that the best interests of the child are served by awarding custody to the parent or parents, unless the contrary is established by clear and convincing evidence. (2) Notwithstanding other provisions of this act, if a child custody dispute 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, Act No. 328 of the Public Acts of 1931, being sections 750.520a to 750.520e and 750.520g of the Michigan Compiled Laws, the court shall not award custody to the convicted biological parent. This subsection does not apply to a conviction under section 520d(1)(a) of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.520d of the Michigan Compiled Laws. 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. (3) 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 Act No. 328 of the Public Acts of 1931 and the victim is the individual's child, the court shall not award custody of 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 custody. History: 1970, Act 91, Eff. Apr. 1, 1971;--Am. 1993, Act 259, Imd. Eff. Nov. 29, 1993. MCL 722.26 CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.26 Liberal construction and application of act; purpose; provisions applicable to child custody disputes and actions; precedence of other actions; submission of action; habeas corpus or warrant. Sec. 6. (1) This act is equitable in nature and shall be liberally construed and applied to establish promptly the rights of the child and the rights and duties of the parties involved. This act applies to all circuit court child custody disputes and actions, whether original or incidental to other actions. Those disputes and actions shall have precedence for hearing and assignment for trial over other civil actions. (2) Except as otherwise provided in section 6b or 6e, if the circuit court of this state does not have prior continuing jurisdiction over a child, the action shall be submitted to the circuit court of the county where the child resides or may be found by complaint or complaint and motion for order to show cause. An application for a writ of habeas corpus or for a warrant in its place to obtain custody of a child shall not be granted unless it appears that this act is inadequate and ineffective to resolve the particular child custody dispute. History: 1970, Act 91, Eff. Apr. 1, 1971;--Am. 1990, Act 315, Imd. Eff. Dec. 20, 1990;--Am. 1993, Act 259, Imd. Eff. Nov. 29, 1993. MCL 722.26a CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.26a Joint custody. Sec. 6a. (1) In custody disputes between parents, the parents shall 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 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. (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 the child continuing contact with both parents. (4) During the time a child resides with a parent, that parent shall decide 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 not eliminate the responsibility for child support. Each parent shall 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. An order of joint custody, in and of itself, shall 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. History: Add. 1980, Act 434, Imd. Eff. Jan. 14, 1981. MCL 722.26b CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.26b Standing of guardian or limited guardian of child to bring action for custody of child; filing of action; stay of proceedings; continuation of order in force; copy of judgment or order of disposition; assignment of judge. Sec. 6b. (1) Except as otherwise provided in subsection (2), a guardian or limited guardian of a child has standing to bring an action for custody of the child pursuant to this act. (2) A limited guardian of a child does not have standing to bring an action for custody of the child if the parent or parents of the child have substantially complied with a limited guardianship placement plan regarding the child entered into pursuant to section 424a of the revised probate code, Act No. 642 of the Public Acts of 1978, being section 700.424a of the Michigan Compiled Laws. (3) If the circuit court does not have prior continuing jurisdiction over the child, a child custody action brought by a guardian or limited guardian of the child shall be filed in the circuit court in the county in which the probate court appointed the guardian. (4) Upon the filing of a child custody action brought by a guardian or limited guardian of the child, all guardianship proceedings concerning that child in the probate court shall be stayed until disposition of the child custody action. An order of the probate court concerning the guardianship of the child shall continue in force until superseded by an order of the circuit court. If the circuit court awards custody of the child, it shall send a copy of the judgment or order of disposition to the probate court in the county that appointed the guardian or limited guardian for the child. (5) If a guardian or limited guardian of a child brings a child custody action, the circuit court shall request the supreme court pursuant to section 225 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.225 of the Michigan Compiled Laws, to assign the judge of the probate court who appointed that guardian or limited guardian to serve as a judge of the circuit court and hear the child custody action. History: Add. 1990, Act 315, Imd. Eff. Dec. 20, 1990;--Am. 1993, Act 259, Imd. Eff. Nov. 29, 1993. MCL 722.26c CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.26c Custody action by third person; conditions. Sec. 6c. (1) A third person may bring an action for custody of a child if the court finds either of the following: (a) Both of the following: (i) The child was placed for adoption with the third person under the adoption laws of this or another state, and the placement order is still in effect at the time the action is filed. (ii) After the placement, the child has resided with the third person for a minimum of 6 months. (b) All of the following: (i) The child's biological parents have never been married to one another. (ii) The child's parent who has custody of the child dies or is missing and the other parent has not been granted legal custody under court order. (iii) The third person is related to the child within the fifth degree by marriage, blood, or adoption. (2) A third person shall include with an action filed under this section both of the following: (a) An affidavit setting forth facts relative to the existence of the prerequisites required by subsection (1)(a) or (b). (b) Notice that a defense or objection to a third person's right to bring an action for custody may be raised as an affirmative defense or by a motion for summary disposition based on lack of standing as provided in the Michigan court rules. History: Add. 1993, Act 259, Imd. Eff. Nov. 29, 1993. Compiler's note: Section 2 of Act No. 259 of the Public Acts of 1993 provided: "Sections 6c to 6e as added by this amendatory act are remedial in nature and apply retroactively." MCL 722.26d CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.26d Custody action by third person; jurisdiction. Sec. 6d. A third person filing an action under section 6c shall proceed as follows: (a) If the circuit court has continuing jurisdiction over the child, the action shall be filed in the circuit court that has continuing jurisdiction over the child. (b) If the circuit court does not have continuing jurisdiction over the child, the action shall be filed in the circuit court in the county where the child has resided for the 6 months immediately preceding the filing of the action or, if the child has not resided in any county for the 6 months immediately preceding the filing of the action, the action shall be filed in the circuit court in the county having the most significant connection with the child. History: Add. 1993, Act 259, Imd. Eff. Nov. 29, 1993. Compiler's note: Section 2 of Act No. 259 of the Public Acts of 1993 provided: "Sections 6c to 6e as added by this amendatory act are remedial in nature and apply retroactively." MCL 722.26e CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.26e Custody action by third person; notice; powers of court. Sec. 6e. (1) A third person filing an action under section 6c shall send notice of the action to each party who has legal custody of the child and to each parent whose parental rights have not been terminated. (2) In addition to other powers of the court, in an action under section 6c, the court may do any of the following: (a) Appoint an attorney for a parent. (b) Order that a necessary and reasonable amount of money be paid to the court for reimbursement of a party's attorney. A party may request an order under this subdivision. The moving party shall allege facts showing that the party is otherwise unable to bear the expense of the action. The court shall require the disclosure of attorney fees or other expenses paid. (c) The court may award costs and fees as provided in section 2591 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.2591 of the Michigan Compiled Laws. History: Add. 1993, Act 259, Imd. Eff. Nov. 29, 1993. Compiler's note: Section 2 of Act No. 259 of the Public Acts of 1993 provided: "Sections 6c to 6e as added by this amendatory act are remedial in nature and apply retroactively." MCL 722.27 CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.27 Child custody disputes; powers of court; support order; amount; deviation from formula; provisions of support order; "support" defined; health care coverage; enforcement of judgment or order. 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 4a, 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 or court clerk. (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 4a, 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. (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 such denial. (2) Except as otherwise provided in this section, the court shall order support in an amount determined by application of the child support formula developed by the state friend of the court bureau. The court may enter an order that deviates from the formula if the court determines from the facts of the case that application of the child support formula would be unjust or inappropriate and sets forth in writing or on the record all of the following: (a) The support amount determined by application of the child support formula. (b) How the support order deviates from the child support formula. (c) The value of property or other support awarded in lieu of the payment of child support, if applicable. (d) The reasons why application of the child support formula would be unjust or inappropriate in the case. (3) Subsection (2) does not prohibit the court from entering a support order that is agreed to by the parties and that deviates from the child support formula, if the requirements of subsection (2) are met. (4) Beginning January 1, 1991, each support order entered, modified, or amended by the court shall provide that each party shall keep the office of the friend of the court informed of both of the following: (a) The name and address of his or her current source of income. As used in this subdivision, "source of income" means that term as defined in section 2 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.602. (b) Any health care coverage that is available to him or her as a benefit of employment or that is maintained by him or her; the name of the insurance company, health care organization, or health maintenance organization; the policy, certificate, or contract number; and the names and birth dates of the persons for whose benefit he or she maintains health care coverage under the policy, certificate, or contract. (5) For the purposes of this act, "support" may include payment of the expenses of medical, dental, and other health care, child care expenses, and educational expenses. The court shall require 1 or both parents of a child who is the subject of a petition under this section to obtain or maintain any health care coverage that is available to them at a reasonable cost, as a benefit of employment, for the benefit of the child. If a parent is self-employed and maintains health care coverage, the court shall require the parent to obtain or maintain dependent coverage for the benefit of the child, if available at a reasonable cost. (6) A judgment or order entered under this act providing for the support of a child is enforceable as provided in the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650. History: 1970, Act 91, Eff. Apr. 1, 1971;--Am. 1980, Act 161, Imd. Eff. June 18, 1980;--Am. 1985, Act 215, Eff. Mar. 1, 1986;--Am. 1988, Act 377, Eff. Mar. 30, 1989;--Am. 1989, Act 275, Imd. Eff. Dec. 26, 1989;--Am. 1990, Act 245, Imd. Eff. Oct. 10, 1990;--Am. 1990, Act 293, Imd. Eff. Dec. 14, 1990;--Am. 1996, Act 19, Eff. June 1, 1996;--Am. 1998, Act 482, Eff. Mar. 1, 1999. MCL 722.27a CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.27a Parenting time. 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, Act No. 328 of the Public Acts of 1931, being sections 750.520a to 750.520e and 750.520g of the Michigan Compiled Laws, 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 Act No. 328 of the Public Acts of 1931, being section 750.520d of the Michigan Compiled Laws. 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 Act No. 328 of the Public Acts of 1931 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) 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. (10) 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. (11) 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. (12) 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. (13) 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. History: Add. 1988, Act 377, Eff. Mar. 30, 1989;--Am. 1993, Act 259, Imd. Eff. Nov. 29, 1993;--Am. 1996, Act 19, Eff. June 1, 1996. Compiler's note: Former section 722.27a, which pertained to action by parent of deceased father or mother for visitation of unmarried minor child, was repealed by Act 161 of 1980, Imd. Eff. June 18, 1980. MCL 722.27b CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.27b Order for grandparenting time in child custody dispute; action for grandparenting time by parent of deceased natural parent of unmarried child; effect of adoption by stepparent; commencement of action in circuit court; affidavit; notice; opposing affidavit; hearing; basis for entry of order; entry of order for parents of putative father; condition; record; frequency of filing complaint or motion seeking order; attorney fees; order restricting movement of grandchild; effect of entry of order; modifying or terminating order. Sec. 7b. (1) Except as provided in this subsection, a grandparent of the child may seek an order for grandparenting time in the manner set forth in this section only if a child custody dispute with respect to that child is pending before the court. If a natural parent of an unmarried child is deceased, a parent of the deceased person may commence an action for grandparenting time. Adoption of the child by a stepparent under chapter X of Act No. 288 of the Public Acts of 1939, being sections 710.21 to 710.70 of the Michigan Compiled Laws, does not terminate the right of a parent of the deceased person to commence an action for grandparenting time. (2) As used in this section, "child custody dispute" includes a proceeding in which any of the following occurs: (a) The marriage of the child's parents is declared invalid or is dissolved by the court, or a court enters a decree of legal separation with regard to the marriage. (b) Legal custody of the child is given to a party other than the child's parent, or the child is placed outside of and does not reside in the home of a parent, excluding any child who has been placed for adoption with other than a stepparent, or whose adoption by other than a stepparent has been legally finalized. (3) A grandparent seeking a grandparenting time order may commence an action for grandparenting time, by complaint or complaint and motion for an order to show cause, in the circuit court in the county in which the grandchild resides. If a child custody dispute is pending, the order shall be sought by motion for an order to show cause. The complaint or motion shall be accompanied by an affidavit setting forth facts supporting the requested order. The grandparent shall give notice of the filing to each party who has legal custody of the grandchild. A party having legal custody may file an opposing affidavit. A hearing shall be held by the court on its own motion or if a party so requests. At the hearing, parties submitting affidavits shall be allowed an opportunity to be heard. At the conclusion of the hearing, if the court finds that it is in the best interests of the child to enter a grandparenting time order, the court shall enter an order providing for reasonable grandparenting time of the child by the grandparent by general or specific terms and conditions. If a hearing is not held, the court shall enter a grandparenting time order only upon a finding that grandparenting time is in the best interests of the child. A grandparenting time order shall not be entered for the parents of a putative father unless the father has acknowledged paternity in writing, has been adjudicated to be the father by a court of competent jurisdiction, or has contributed regularly to the support of the child or children. The court shall make a record of the reasons for a denial of a requested grandparenting time order. (4) A grandparent may not file more than once every 2 years, absent a showing of good cause, a complaint or motion seeking a grandparenting time order. If the court finds there is good cause to allow a grandparent to file more than 1 complaint or motion under this section in a 2-year period, the court shall allow the filing and shall consider the complaint or motion. The court may order reasonable attorney fees to the prevailing party. (5) The court shall not enter an order restricting the movement of the grandchild if the restriction is solely for the purpose of allowing the grandparent to exercise the rights conferred in a grandparenting time order. (6) A grandparenting time order entered in accordance with this section shall not be considered to have created parental rights in the person or persons to whom grandparenting time rights are granted. The entry of a grandparenting time order shall not prevent a court of competent jurisdiction from acting upon the custody of the child, the parental rights of the child, or the adoption of the child. (7) The court may enter an order modifying or terminating a grandparenting time order whenever such a modification or termination is in the best interests of the child. History: Add. 1982, Act 340, Imd. Eff. Dec. 17, 1982;--Am. 1996, Act 19, Eff. June 1, 1996. MCL 722.28 CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.28 Child custody disputes; appeal, grounds. Sec. 8. To expedite the resolution of a child custody dispute by prompt and final adjudication, all orders and judgments of the circuit court shall be affirmed on appeal unless the trial judge made findings of fact against the great weight of evidence or committed a palpable abuse of discretion or a clear legal error on a major issue. History: 1970, Act 91, Eff. Apr. 1, 1971. MCL 722.29 CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.29 Repeal. Sec. 9. Act No. 192 of the Public Acts of 1873, being section 722.541 of the Compiled Laws of 1948, is repealed. History: 1970, Act 91, Eff. Apr. 1, 1971. MCL 722.30 CHILD CUSTODY ACT OF 1970 (Act 91 of 1970) 722.30 Access to records or information by noncustodial parent. Sec. 10. Notwithstanding any other provision of law, a parent shall not be denied access to records or information concerning his or her child because the parent is not the child's custodial parent, unless the parent is prohibited from having access to the records or information by a protective order. As used in this section, "records or information" includes, but is not limited to, medical, dental, and school records, day care provider's records, and notification of meetings regarding the child's education. History: Add. 1996, Act 304, Eff. Jan. 1, 1997.
For Further Assistance- Contact the St. Clair County Friend of the Court Office at 810-985-2285.
