Bill Text: MI HB4740 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Family law; child custody; factors determining best interest of child; include equal time with both parents as a factor. Amends sec. 3 of 1970 PA 91 (MCL 722.23).

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2011-06-15 - Printed Bill Filed 06/15/2011 [HB4740 Detail]

Download: Michigan-2011-HB4740-Introduced.html

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HOUSE BILL No. 4740

 

June 14, 2011, Introduced by Reps. Constan, Slavens and Darany and referred to the Committee on Judiciary.

 

     A bill to amend 1970 PA 91, entitled

 

"Child custody act of 1970,"

 

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.

 

     (k) Domestic violence, regardless of whether the violence was

 

directed against or witnessed by the child.

 

     (l) The extent to which the existing or proposed custodial

 

environment provides substantially equal time with both parents.

 

     (m) (l) Any other factor considered by the court to be relevant

 

to a particular child custody dispute.