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MI SB1015

Bill

Status

Engrossed

9/24/2014

Primary Sponsor

Rick Jones

Click for details

Origin

Senate

97th Legislature

AI Summary

SB-1015 Summary

  • Prohibits courts from modifying child custody orders during a parent's active military duty, except for temporary orders based on clear and convincing evidence the change is in the child's best interest.

  • Allows military-deployed parents to file applications for stay of custody proceedings without requiring their presence, and permits written statements certified under penalty of perjury as sufficient for court consideration.

  • Requires courts to reinstate the custody order that existed before active military duty upon the parent's return, and prohibits considering the parent's military absence or future deployments in best interest determinations.

  • Extends the stay period to at least 90 days after the official active duty end date, with the parent required to notify the court of the end date within 30 days.

  • Establishes presumption that it is in a child's best interests to maintain a strong relationship with both parents, and requires parenting time agreements to be ordered unless the court finds by clear and convincing evidence they are not in the child's best interests.

Legislative Description

Family law; child custody; requirement to file motion for change of custody or parenting time order when parent is called to active military duty; modify. Amends secs. 7 & 7a of 1970 PA 91 (MCL 722.27 & 722.27a).

Family law, parenting time

Last Action

Referred To Committee On Families, Children, And Seniors

9/24/2014

Committee Referrals

Families, Children, And Seniors9/24/2014
Judiciary7/16/2014

Full Bill Text

No bill text available