Bill Text: MI HB4480 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Children; protection; factors determining best interest of child; modify in cases of domestic violence. Amends sec. 3 of 1970 PA 91 (MCL 722.23).
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Passed) 2016-05-04 - Assigned Pa 95'16 With Immediate Effect [HB4480 Detail]
Download: Michigan-2015-HB4480-Chaptered.html
Act No. 95
Public Acts of 2016
Approved by the Governor
May 3, 2016
Filed with the Secretary of State
May 3, 2016
EFFECTIVE DATE: August 1, 2016
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Reps. Heise, Santana, Glardon, Faris, Hughes, Glenn, Price, Lyons, Cox and Geiss
ENROLLED HOUSE BILL No. 4480
AN ACT to amend 1970 PA 91, entitled “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,” by amending section 3 (MCL 722.23), as amended by 1993 PA 259.
The People of the State of Michigan enact:
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. A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child’s other parent.
(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.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
