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MI HB5987

Bill

Status

Introduced

11/8/2012

Primary Sponsor

Joel Johnson

Click for details

Origin

House of Representatives

96th Legislature

AI Summary

  • Amends the Child Custody Act of 1970 to establish circumstances under which grandparents may seek court-ordered grandparenting time, including during parental divorce proceedings, after parental death, when parents never married but paternity is established, or when child custody is given to non-parents.

  • Creates a presumption that a fit parent's decision to deny grandparenting time does not harm the child; grandparents must prove by preponderance of the evidence that denial creates substantial risk of harm to the child's mental, physical, or emotional health to overcome this presumption.

  • Requires courts to dismiss grandparenting time requests if both fit parents jointly oppose the order, with exceptions for cases involving deceased parents or stepparent adoptions.

  • Permits courts to modify or terminate grandparenting time orders only upon finding by preponderance of evidence that changed circumstances create substantial risk of harm to the child's mental, physical, or emotional health.

  • Mandates that sentencing courts automatically terminate any existing grandparenting time order without a hearing upon conviction for criminal sexual conduct involving a grandparent who abused a child or sibling, where abuse includes penetration, attempted penetration, or assault with intent to penetrate.

Legislative Description

Family law; parenting time; immediate termination of a grandparenting time order upon sentencing for certain criminal sexual conduct; require. Amends sec. 7b of 1970 PA 91 (MCL 722.27b).

Children, parental rights

Last Action

Printed Bill Filed 11/09/2012

11/27/2012

Committee Referrals

Judiciary11/8/2012

Full Bill Text

No bill text available