Bill > HB5211

This bill amends the Child Custody Act of 1970 to modify how courts determine child custody by introducing a presumption of equal parenting time and requiring more detailed written findings. Specifically, the bill adds a new requirement that when determining the "best interests of the child" in custody disputes, courts must now presume that equal or approximately equal parenting time for both parents is optimal, and this presumption can only be overturned by clear and convincing evidence that such an arrangement would not benefit the child. The bill also requires courts to provide written findings and conclusions of law when making custody determinations. Additionally, the bill maintains existing protections for children conceived through criminal sexual conduct, explicitly prohibiting custody awards to parents convicted of such offenses. The bill preserves the existing list of factors courts must consider when determining child custody, which include emotional ties, parental capacity, the child's living environment, moral fitness, mental and physical health, the child's preferences, and the willingness of parents to support the child's relationship with the other parent. The bill is tied to two other pending legislative bills and will only take effect if those companion bills are also enacted.

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https://legislature.mi.gov/Bills/Bill?ObjectName=2025-HB-5211