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MI SB0989

Bill

Status

Introduced

2/29/2012

Primary Sponsor

Hoon-Yung Hopgood

Click for details

Origin

Senate

96th Legislature

AI Summary

SB 989 Summary

  • Prohibits courts from granting custody or parenting time to individuals required to register under the sex offenders registration act for offenses involving child victims or offenses contrary to the child's health, safety, or protection, unless the court finds no significant risk and both the other parent and the child (if old enough) consent.

  • Bars custody awards to a biological parent convicted of criminal sexual conduct (MCL 750.520a to 750.520e and 750.520g) in cases where the child was conceived as a result of that offense, unless both parents later cohabit and establish a mutual custodial environment for the child.

  • Prohibits custody or parenting time to individuals convicted of criminal sexual conduct where the victim is the individual's own child, unless both the other parent and the child (if sufficiently mature) consent to the arrangement.

  • Creates a presumption that unsupervised contact between a child and a registered sex offender (with child victim) creates significant risk to the child, placing the burden on the offender to rebut this presumption.

  • Requires courts to determine whether the non-offending parent is fit and acting in the child's best interest before allowing the offending parent custody or parenting time, with written findings required if the court overrides the statutory restrictions.

Legislative Description

Family law; child custody; granting of custody or parenting time for parent convicted of certain sexual offenses; prohibit. Amends secs. 2, 5 & 7a of 1970 PA 91 (MCL 722.22 et seq.) & adds sec. 5a.

Crimes, criminal sexual conduct

Last Action

Referred To Committee On Judiciary

2/29/2012

Committee Referrals

Judiciary2/29/2012

Full Bill Text

No bill text available