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MI SB0940

MI SB0940
Family law: child custody; factors determining best interest of child; include equal time with both parents as a factor. Amends secs. 3 & 5 of 1970 PA 91 (MCL 722.23 & 722.25). TIE BAR WITH: SB 0941'26, SB 0942'26


summary

Introduced
04/29/2026
In Committee
04/29/2026
Crossed Over
Passed
Dead

Introduced Session

103rd Legislature

Bill Summary

A bill to amend 1970 PA 91, entitled"Child custody act of 1970,"by amending sections 3 and 5 (MCL 722.23 and 722.25), section 3 as amended by 2016 PA 95 and section 5 as amended by 2016 PA 96.

AI Summary

This bill amends the Child Custody Act of 1970 to establish a presumption that awarding equal or approximately equal parenting time to each parent is in the best interests of the child when parents are in a custody dispute, which can only be overcome by clear and convincing evidence proving otherwise. The bill also clarifies that when determining the best interests of a child, courts must consider a comprehensive list of factors, including the child's religion, the parents' capacity to provide care and guidance, the child's home and community record, and the reasonable preference of the child if they are old enough to express it. Additionally, it reinforces existing provisions that prevent individuals convicted of certain sex offenses, or found to have committed such acts, from gaining custody of a child, especially if the victim is the child or a sibling, unless specific consent is given.

Committee Categories

Justice

Sponsors (1)

Last Action

Referred To Committee On Civil Rights, Judiciary, And Public Safety (on 04/29/2026)

Bill Topics

Law, Crime, and Family Issues
  • ‐ Child Abuse and Child Custody
  • ‐ Family Issues

bill text


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