August 20, 2015, Introduced by Reps. Runestad, Rendon, Hooker, Muxlow, Chatfield, Cole, Robinson, Potvin, Forlini, Glenn, Barrett, Somerville, Tedder, Franz, Derek Miller, Plawecki, Lucido, Chirkun, Geiss, Graves and Callton and referred to the Committee on Judiciary.
A bill to amend 1970 PA 91, entitled
"Child custody act of 1970,"
by amending section 11 (MCL 722.31), as added by 2000 PA 422.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) A child whose parental custody is governed by
court order has, for the purposes of this section, a legal
residence with each parent. Except as otherwise provided in this
section, a parent of a child whose custody is governed by court
order shall not change a legal residence of the child to a location
that
is more than 100 50 miles from the child's legal residence at
the time of the commencement of the action in which the order is
issued, as measured by a vehicle's odometer.
(2) A parent's change of a child's legal residence is not
restricted by subsection (1) if the other parent consents to, or if
the court, after complying with subsection (4), permits, the
residence change. This section does not apply if the order
governing the child's custody grants sole legal custody to 1 of the
child's parents.
(3) This section does not apply if, at the time of the
commencement of the action in which the custody order is issued,
the
child's 2 residences were more than 100 50 miles apart. This
section does not apply if the legal residence change results in the
child's 2 legal residences being closer to each other than before
the change.
(4) Before permitting a legal residence change otherwise
restricted by subsection (1), the court shall consider each of the
following factors, with the child as the primary focus in the
court's deliberations:
(a) Whether the legal residence change has the capacity to
improve the quality of life for both the child and the relocating
parent.
(b) The degree to which each parent has complied with, and
utilized his or her time under, a court order governing parenting
time with the child, and whether the parent's plan to change the
child's legal residence is inspired by that parent's desire to
defeat or frustrate the parenting time schedule.
(c) The degree to which the court is satisfied that, if the
court permits the legal residence change, it is possible to order a
modification of the parenting time schedule and other arrangements
governing the child's schedule in a manner that can provide an
adequate basis for preserving and fostering the parental
relationship between the child and each parent; and whether each
parent is likely to comply with the modification.
(d) The extent to which the parent opposing the legal
residence change is motivated by a desire to secure a financial
advantage with respect to a support obligation.
(e) Domestic violence, regardless of whether the violence was
directed against or witnessed by the child.
(5) Each order determining or modifying custody or parenting
time of a child shall include a provision stating the parent's
agreement as to how a change in either of the child's legal
residences
will be handled. If such a that
provision is included in
the order and a child's legal residence change is done in
compliance with that provision, this section does not apply. If the
parents
do not agree on such a that
provision, the court shall
include in the order the following provision: "A parent whose
custody or parenting time of a child is governed by this order
shall not change the legal residence of the child except in
compliance with section 11 of the "Child Custody Act of 1970", 1970
PA 91, MCL 722.31.".
(6) If this section applies to a change of a child's legal
residence and the parent seeking to change that legal residence
needs to seek a safe location from the threat of domestic violence,
the
parent may move to such a safe
location with the child until
the court makes a determination under this section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.