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MI SB0101
Bill
AI Summary
SB-0101 Summary
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Amends the Child Custody Act of 1970 to allow grandparents to seek "grandparenting time" orders under six circumstances: pending parental divorce/separation, parental death, unmarried parents not residing together with established paternity, child in non-parental custody, or grandparent provided established custodial environment in prior year.
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Establishes a presumption that a fit parent's decision to deny grandparenting time does not harm the child; grandparents must prove by preponderance of evidence that denial creates substantial risk of harm to the child's mental, physical, or emotional health to rebut this presumption.
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Requires courts to dismiss grandparenting time requests if both fit parents jointly oppose the order, with exception when a stepparent adopted the child and the grandparent is the natural/adoptive parent of a deceased parent.
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Courts may refer qualifying grandparenting time cases to alternative dispute resolution; if unresolved, cases proceed to court hearing where judges consider factors including emotional bonds, relationship quality, grandparent fitness, child preference, and parent-grandparent hostility.
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Limits grandparents to filing requests no more than once every two years absent good cause; prohibits courts from restricting parental domicile changes primarily to enable grandparenting time; clarifies grandparenting orders do not confer parental rights and do not prevent 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
Referred To Committee On Families And Children's Services
2/10/2009