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MI SB1312
Bill
AI Summary
Senate Bill 1312 Summary
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Expands definitions in the Child Custody Act to include "abandonment" (failure to visit or contact child for 1+ year without good cause), "active military duty," "emotional abuse," "maltreatment," and "mental injury" to better assess child welfare in custody proceedings.
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Adds comprehensive factors for determining "best interests of the child" in custody disputes, including child abuse/neglect, domestic violence, parent-child relationships, stability, moral fitness, mental/physical health, and reasonable child preference.
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Requires courts to appoint a lawyer-guardian ad litem (changed from discretionary "may" to mandatory "shall") when a child's best interests are inadequately represented, with the attorney owing full loyalty and confidentiality duties to the child.
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Protects children under age 16 testifying in custody cases by allowing use of anatomically correct dolls, support persons, special courtroom arrangements, and depositions instead of live testimony when necessary for child welfare.
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Establishes new Section 3a allowing courts to evaluate live-in adults (age 18+) in custody actions using best-interest factors and requiring supervised visits if the adult is found unfit or if the custodial parent fails to comply with court treatment orders.
Legislative Description
Children; protection; best interest of the child determination relating to child abuse and neglect; modify. Amends secs. 2, 3, 4, 5, 6a, 7, 7a & 7b of 1970 PA 91 (MCL 722.22 et seq.) & adds secs. 3a & 6f.
Children, protection
Last Action
Referred To Committee On Judiciary
9/25/2012