2017Sep 12

Joint custody of minor children required if HB 4691 passes

If the State Senate passes House Bill 4461, it would change custody laws in Michigan.

On May 31, 2017, State of Michigan House of Representatives introduced a bill, which, if passed, would amend the Child Custody Act of 1970 to mandate joint custody of minor children.

Some highlights of the proposed bill include:

  • the Requirement that Judges GRANT JOINT LEGAL CUSTODY AND SUBSTANTIALLY EQUAL PARENTING TIME (defined as not to exceed 200 overnights per year), unless there is a preponderance of evidence of domestic violence;
  • the entry of an order prohibiting a parent from moving more than eighty (80) miles away from the other parent;
  • the mandating substantial weight on a child’s preference on custody if he/she is over the age of 16 years old;
  • effectively replacing the “Best Interests of the Child” factors;
  • allowing the Court discretion to reduce the parent responsible to pay child support if he/she would otherwise be unable to maintain adequate housing for the child and the other parent has sufficient resources; and
  • allowing a parent deployed due to military service to designate a third-party to exercise the deployed parent’s parenting time during deployment;

For more information

The entirety of the proposed bill can be found at: http://legislature.mi.gov/doc.aspx?2017-HB-4691

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