HB-4480, As Passed House, October 22, 2015

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4480

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1970 PA 91, entitled

 

"Child custody act of 1970,"

 

by amending section 3 (MCL 722.23), as amended by 1993 PA 259.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. As used in this act, "best interests of the child"

 

means the sum total of the following factors to be considered,

 

evaluated, and determined by the court:

 

     (a) The love, affection, and other emotional ties existing

 

between the parties involved and the child.

 

     (b) The capacity and disposition of the parties involved to

 

give the child love, affection, and guidance and to continue the

 

education and raising of the child in his or her religion or creed,

 

if any.

 

     (c) The capacity and disposition of the parties involved to

provide the child with food, clothing, medical care or other

 

remedial care recognized and permitted under the laws of this state

 

in place of medical care, and other material needs.

 

     (d) The length of time the child has lived in a stable,

 

satisfactory environment, and the desirability of maintaining

 

continuity.

 

     (e) The permanence, as a family unit, of the existing or

 

proposed custodial home or homes.

 

     (f) The moral fitness of the parties involved.

 

     (g) The mental and physical health of the parties involved.

 

     (h) The home, school, and community record of the child.

 

     (i) The reasonable preference of the child, if the court

 

considers the child to be of sufficient age to express preference.

 

     (j) The willingness and ability of each of the parties to

 

facilitate and encourage a close and continuing parent-child

 

relationship between the child and the other parent or the child

 

and the parents. A court may not consider negatively for the

 

purposes of this factor any action taken by a parent to protect a

 

child or that parent from sexual assault or domestic violence by

 

the child's other parent.

 

     (k) Domestic violence, regardless of whether the violence was

 

directed against or witnessed by the child.

 

     (l) Any other factor considered by the court to be relevant to

 

a particular child custody dispute.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.