MI HB5309

Lowers the standard of proof from "clear and convincing evidence" to "preponderance of the evidence" when third parties or agencies seek to overcome the presumption favoring parental custody

Reclassifies a parent who has had no contact with their child for 3 years before the custody action as a "third person" rather than a parent, eliminating the parental presumption in their favor

Provides exceptions to the 3-year no-contact rule for parents whose absence was due to active military duty/deployment, incarceration, or medical conditions

Eliminates the presumption favoring parental custody when the custody dispute involves a third person who has an established custodial environment with the child under section 7

Creates a presumption favoring a third person who has been appointed guardian of the child when that third person is in a custody dispute with other third persons who were never guardians