Bill > HB5309

This bill modifies Michigan's child custody law to provide clearer guidelines for custody disputes involving parents, agencies, and third parties. The bill changes the standard of evidence from "clear and convincing" to "preponderance of the" in some custody determinations and introduces new presumptions about custody. Specifically, the bill establishes that courts generally presume parents should have custody unless evidence proves otherwise, but creates an exception for parents who have not had contact with their child for three years (unless their absence was due to military deployment, incarceration, or medical conditions). For custody disputes involving a third person who is the child's established custodial environment, the court will not automatically presume custody should go to either the parents or the third person. The bill also contains important provisions preventing custody for a biological parent convicted of criminal sexual conduct involving the child, ensuring that such a parent cannot obtain custody without consent from the other parent or guardian. Additionally, the bill clarifies that even if an offending parent cannot obtain custody, they may still have support obligations, which the other parent can choose to decline. The changes aim to prioritize the best interests of the child while providing more nuanced legal guidelines for complex custody situations.

Justice

https://legislature.mi.gov/Bills/Bill?ObjectName=2025-HB-5309