HB 5812 Summary

• Amends Michigan's Child Custody Act of 1970 to add definitions of "abandonment," "active military duty," "emotional abuse," and "mental injury" to strengthen child protection standards in custody determinations.

• Requires courts to make "best interest of the child" determinations considering child abuse, neglect, domestic violence, and patterns of abusive behavior, with additional weight given when a parent has sexually, physically, mentally, or emotionally abused the child.

• Changes court authority regarding child representation from discretionary ("may appoint") to mandatory ("shall appoint") a lawyer-guardian ad litem when the court determines a child's best interests are inadequately represented.

• Adds protections for children under 16 testifying in custody disputes, including use of support persons, anatomically correct dolls, closed courtroom proceedings, and depositions in lieu of live testimony when necessary to protect the child's welfare.

• Establishes procedures for grandparent visitation rights with presumption that fit parents' denial of grandparenting time does not harm the child, requiring grandparents to prove by preponderance of evidence that denial creates substantial risk of harm to the child's mental, physical, or emotional health.