Sec. 5.
(1) If a child custody dispute is between the parents, between agencies, or between third persons, the best interests of the child control. If the child custody dispute is between the parent or parents and an agency or a third person, the court shall presume that the best interests of the child are served by awarding custody to the parent or parents, unless the contrary is established by clear and convincing evidence.
(2) Notwithstanding other provisions of this act, if a child custody dispute involves a child who is conceived as the result of acts for which 1 of the child's biological parents is convicted of criminal sexual conduct as provided in sections 520a to 520e and 520g of the Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520e and 750.520g, or a substantially similar statute of another state or the federal government, or is found by clear and convincing evidence in a fact-finding hearing to have committed acts of nonconsensual sexual penetration, the court shall not award custody to that biological parent. This subsection does not apply to a conviction under section 520d(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d. This subsection does not apply if, after the date of the conviction, or the date of the finding in a fact-finding hearing described in this subsection, the biological parents cohabit and establish a mutual custodial environment for the child.
(3) An offending parent is not entitled to custody of a child described in subsection (2) without the consent of that child's other parent or guardian.
(4) Notwithstanding other provisions of this act, subsection (2) does not relieve an offending parent of any support or maintenance obligation to the child. The other parent or the guardian of the child may decline support or maintenance from the offending parent.
(5) A parent may assert an affirmative defense of the provisions of subsection (2) in a proceeding brought by the offending parent regarding a child described in subsection (2).
(6) Notwithstanding other provisions of this act, if an individual is convicted of criminal sexual conduct as provided in sections 520a to 520e and 520g of the Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520e and 750.520g, and the victim is the individual's child, the court shall not award custody of that child or a sibling of that child to that individual, unless both the child's other parent and, if the court considers the child or sibling to be of sufficient age to express his or her desires, the child or sibling consent to the custody.
(7) As used in this section, "offending parent" means a parent who has been convicted of criminal sexual conduct as described in subsection (2) or who has been found by clear and convincing evidence in a fact-finding hearing to have committed acts of nonconsensual sexual penetration as described in subsection (2).
History: 1970, Act 91, Eff. Apr. 1, 1971 ;-- Am. 1993, Act 259, Imd. Eff. Nov. 29, 1993 ;-- Am. 2016, Act 96, Eff. Aug. 1, 2016
Structure Michigan Compiled Laws
Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31)
Section 722.21 - Child Custody Act; Short Title.
Section 722.23 - "Best Interests of the Child" Defined.
Section 722.24 - Child Custody Disputes; Powers of Court; Appointment of Lawyer-Guardian Ad Litem.
Section 722.24a - Repealed. 2001, Act 108, Eff. Sept. 30, 2001.
Section 722.26a - Joint Custody.
Section 722.26c - Custody Action by Third Person; Conditions.
Section 722.26d - Custody Action by Third Person; Jurisdiction.
Section 722.26e - Custody Action by Third Person; Notice; Powers of Court.
Section 722.27a - Parenting Time.
Section 722.27c - Parenting Coordinator.
Section 722.28 - Child Custody Disputes; Appeal, Grounds.
Section 722.29 - Transition to Centralized Receipt and Disbursement of Support and Fees.
Section 722.30 - Access to Records or Information by Noncustodial Parent.
Section 722.31 - Legal Residence Change of Child Whose Parental Custody Governed by Court Order.