April 30, 2013, Introduced by Rep. Kurtz and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 39 of chapter X (MCL 710.39), as amended by
1998 PA 94.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec. 39. (1) If the putative father has registered in a timely
manner with the responsible father registry and does not come
within the provisions of subsection (2), and if the putative father
appears at the hearing and requests custody of the child, the court
shall inquire into his fitness and his ability to properly care for
the child and shall determine whether the best interests of the
child will be served by granting custody to him. If the court finds
that it would not be in the best interests of the child to grant
custody to the putative father, the court shall terminate his
rights to the child.
(2) If the putative father has established a custodial
relationship with the child or has provided substantial and regular
support or care in accordance with the putative father's ability to
provide such support or care for the mother during pregnancy or for
either mother or child after the child's birth during the 90 days
before notice of the hearing was served upon him, the rights of the
putative father shall not be terminated except by proceedings in
accordance with section 51(6) of this chapter or section 2 of
chapter XIIA.
(3) If the parental rights of the mother have not been
terminated and the court finds that the best interests of the child
are served by granting custody to the putative father, the court
shall do all of the following:
(a) Terminate the temporary placement made under section 23d
of this chapter.
(b) Return custody of the child to the mother.
(c) Dismiss the pending adoption proceeding.
(4) The fact that the mother executed or proposed to execute a
release or consent relinquishing her parental rights to the child
and sought termination of the putative father's parental rights
under section 36, 37, or 39 of this chapter shall not be used
against the mother in any proceeding under the child custody act of
1970, 1970 PA 91, MCL 722.21 to 722.31, after the court has
completed the provisions in subsection (3).
(5) (3)
If the parental rights of the
mother are terminated
pursuant
to under this chapter or other law and if the court awards
custody of a child born out of wedlock to the putative father, the
court shall enter an order granting custody to the putative father
and legitimating the child for all purposes. Upon entry of an order
granting custody and legitimating the child, the clerk of the court
shall collect a fee of $35.00 from the putative father. The clerk
shall retain $9.00 of the fee and remit the $26.00 balance, along
with a written report of the order granting custody and
legitimating the child, to the director of the department of
community health. The report shall be on a form prescribed by or in
a manner approved by the director of the department of community
health. Regardless of whether the fee required by this section is
collected, the clerk shall transmit and the department of community
health shall receive the report of the order granting custody and
legitimating the child.