October 14, 2003, Introduced by Reps. Murphy, Whitmer, Reeves, Gleason, O'Neil, Phillips, Williams, Stallworth, Zelenko, Law, Clack, Plakas, Byrum, Sak, Tobocman, Cheeks, Accavitti, Bieda and Hardman and referred to the Committee on Judiciary.
A bill to amend 1970 PA 91, entitled
"Child custody act of 1970,"
by amending section 7b (MCL 722.27b), as amended by 1996 PA 19.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 7b. (1) Except as provided in this subsection, a
2 grandparent of the child may seek an order for grandparenting
3 time or a sibling of the child may seek an order for sibling
4 visitation in the manner set forth in this section only if a
5 child custody dispute with respect to that child is pending
6 before the court. If a natural parent of an unmarried child is
7 deceased, a parent of the deceased person may commence an action
8 for grandparenting time or a sibling of the child may commence an
9 action for sibling visitation. Adoption of the child by a
10 stepparent under chapter
X of Act No. 288 of the Public Acts of
11 1939, being sections
710.21 to 710.70 of the Michigan Compiled
1 Laws the Michigan adoption code, chapter X of the
probate code
2 of 1939, 1939 PA 288, MCL 710.21 to 710.70, does not terminate
3 the right of a parent of the deceased person to commence an
4 action for grandparenting time or the right of a sibling of the
5 child to commence an action for sibling visitation.
6 (2) As used in
this section, "child custody dispute"
7 includes a proceeding
in which any of the following occurs:
8 (a) The marriage
of the child's parents is declared invalid
9 or is dissolved by the
court, or a court enters a decree of legal
10 separation with regard
to the marriage.
11 (b) Legal custody
of the child is given to a party other than
12 the child's parent, or
the child is placed outside of and does
13 not reside in the home
of a parent, excluding any child who has
14 been placed for adoption
with other than a stepparent, or whose
15 adoption by other than
a stepparent has been legally finalized.
16 (2) (3) A
grandparent seeking a grandparenting time order
17 or a sibling of the child seeking a sibling visitation order may
18 commence an action for grandparenting time or sibling visitation,
19 by complaint or complaint and motion for an order to show cause,
20 in the circuit court in
the county in which the grandchild
21 child resides. If a child custody dispute is pending, the order
22 shall be sought by motion for an order to show cause. The
23 complaint or motion shall be accompanied by an affidavit setting
24 forth facts supporting the requested order. The grandparent or
25 sibling of the child shall give notice of the filing to each
26 party who has legal
custody of the grandchild child. A party
27 having legal custody may file an opposing affidavit. A hearing
1 shall be held by the court on its own motion or if a party so
2 requests. At the hearing, parties submitting affidavits shall be
3 allowed an opportunity to
be heard. At the conclusion of the
4 hearing, if the court
finds that it is in the best interests of
5 the child to enter a
grandparenting time order In
making a
6 determination under this subsection, there is a rebuttable
7 presumption that a parent's actions and decisions regarding
8 grandparenting time or sibling visitation are in the child's best
9 interest. The burden of proof regarding this rebuttable
10 presumption is on the grandparent or sibling filing a complaint
11 or motion under this section. At the conclusion of the hearing,
12 if the court finds that the parent's actions or decisions
13 regarding grandparenting time or sibling visitation are not in
14 the child's best interest, the court shall enter an order
15 providing for reasonable grandparenting time of the child by the
16 grandparent or reasonable sibling visitation with the child by
17 the sibling by general or specific terms and conditions. If the
18 court orders grandparenting time or sibling visitation, the court
19 shall make specific findings on the record that a parent's
20 actions or decisions regarding grandparenting time or sibling
21 visitation are not in the best interests of the child because the
22 parent's actions or decisions are harmful to the child and that a
23 grandparenting time or sibling visitation order will alleviate
24 that harm. The court shall not find that a parent's actions or
25 decisions are not in the best interests of the child solely
26 because the court disagrees with the parent's actions or
27 decisions or because a parent's actions or decisions are
1 seemingly arbitrary or capricious. If a hearing is not held, the
2 court shall enter a grandparenting time or sibling visitation
3 order only upon a finding that grandparenting time or sibling
4 visitation is in the best interests of the child as provided in
5 this subsection. A grandparenting time order shall not be
6 entered for the parents of a putative father unless the father
7 has acknowledged paternity in writing, has been adjudicated to be
8 the father by a court of competent jurisdiction, or has
9 contributed regularly to the support of the child or children.
10 The court shall make a
record of the reasons for a denial of
11 granting or denying a requested grandparenting time or sibling
12 visitation order.
13 (3) (4) A
grandparent or sibling may not file more than
14 once every 2 years, absent a showing of good cause, a complaint
15 or motion seeking a grandparenting time or sibling visitation
16 order. If the court finds there is good cause to allow a
17 grandparent or sibling to file more than 1 complaint or motion
18 under this section in a 2-year period, the court shall allow the
19 filing and shall consider the complaint or motion. The court may
20 order reasonable attorney fees to the prevailing party.
21 (4) (5) The
court shall not enter an order restricting the
22 movement of the grandchild
child if the restriction is solely
23 for the purpose of allowing the grandparent or sibling to
24 exercise the rights conferred in a grandparenting time or sibling
25 visitation order.
26 (5) (6) A
grandparenting time or sibling visitation order
27 entered in accordance with this section shall not be considered
1 to have created parental rights in the person or persons to whom
2 grandparenting time or sibling visitation rights are granted.
3 The entry of a grandparenting time or sibling visitation order
4 shall not prevent a court of competent jurisdiction from acting
5 upon the custody of the child, the parental rights of the child,
6 or the adoption of the child.
7 (6) (7) The
court may enter an order modifying or
8 terminating a grandparenting time or sibling visitation order
9 whenever such if a modification or termination is in the
best
10 interests of the child.
11 (7) As used in this section:
12 (a) "Child custody dispute" means a proceeding in which any
13 of the following occurs:
14 (i) The marriage of the child's parents is declared invalid
15 or is dissolved by the court, or a court enters a decree of legal
16 separation with regard to the marriage.
17 (ii) Legal custody of the child is given to a party other
18 than the child's parent, or the child is placed outside of and
19 does not reside in the home of a parent, excluding a child who
20 has been placed for adoption with other than a stepparent, or
21 whose adoption by other than a stepparent has been legally
22 finalized.
23 (b) "Sibling" or "sibling of the child" means an individual
24 who is related to the child either biologically or through
25 adoption by at least 1 common parent, regardless of whether the
26 sibling ever lived in the same household as the child. If a
27 sibling of the child is under the age of 18, sibling includes a
1 legal guardian of a sibling of the child, if the legal guardian
2 is acting on behalf of the sibling.