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MI HB5501
Bill
Status
12/31/2009
Primary Sponsor
Lesia Liss
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AI Summary
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Establishes circumstances under which grandparents may seek court-ordered grandparenting time, including when parents are divorced, separated, have never been married, a parent is deceased, or the grandparent provided established custodial care in the preceding year.
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Creates a presumption that a fit parent's decision to deny grandparenting time does not harm the child, which grandparents must rebut by proving by preponderance of evidence that denial creates substantial risk of harm to the child's mental, physical, or emotional health.
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Requires courts to dismiss grandparenting time requests if both fit parents jointly oppose the order, except when a stepparent adopted the child and the grandparent is the natural or adoptive parent of a deceased or rights-terminated parent.
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Establishes best interest factors courts must consider when determining whether to grant grandparenting time, including the emotional relationship, child's preference, potential hostility, willingness to encourage parent relationships, and any history of abuse or neglect.
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Limits grandparents to filing one complaint or motion every two years absent good cause, allows courts to refer cases to alternative dispute resolution, and provides that grandparenting time orders do not create parental rights or prevent custody or adoption proceedings.
Legislative Description
Family law; friend of the court; reference to domestic relations mediation in child custody act; revise to reflect amendment to friend of the court act. Amends sec. 7b of 1970 PA 91 (MCL 722.27b). TIE BAR WITH: SB 0099'09
Family law, friend of the court
Last Action
Assigned Pa 237'09 With Immediate Effect 2009 Addenda
12/31/2009