Michigan Compiled Laws
Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31)
Section 722.26c - Custody Action by Third Person; Conditions.

Sec. 6c.
(1) A third person may bring an action for custody of a child if the court finds either of the following:
(a) Both of the following:
(i) The child was placed for adoption with the third person under the adoption laws of this or another state, and the placement order is still in effect at the time the action is filed.
(ii) After the placement, the child has resided with the third person for a minimum of 6 months.
(b) All of the following:
(i) The child's biological parents have never been married to one another.
(ii) The child's parent who has custody of the child dies or is missing and the other parent has not been granted legal custody under court order.
(iii) The third person is related to the child within the fifth degree by marriage, blood, or adoption.
(2) A third person shall include with an action filed under this section both of the following:
(a) An affidavit setting forth facts relative to the existence of the prerequisites required by subsection (1)(a) or (b).
(b) Notice that a defense or objection to a third person's right to bring an action for custody may be raised as an affirmative defense or by a motion for summary disposition based on lack of standing as provided in the Michigan court rules.
History: Add. 1993, Act 259, Imd. Eff. Nov. 29, 1993 Compiler's Notes: Section 2 of Act No. 259 of the Public Acts of 1993 provided:“Sections 6c to 6e as added by this amendatory act are remedial in nature and apply retroactively.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 722 - Children

Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31)

Section 722.21 - Child Custody Act; Short Title.

Section 722.22 - Definitions.

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Section 722.24a - Repealed. 2001, Act 108, Eff.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 722.25 - Child Custody Dispute; Controlling Interests, Presumption; Award of Custody to Parent Convicted of Criminal Sexual Conduct or Acts of Nonconsensual Sexual Penetration; Prohibition; Support or Maintenance Obligation; Defense; "Offendi...

Section 722.26 - Liberal Construction and Application of Act; Purpose; Provisions Applicable to Child Custody Disputes and Actions; Precedence of Other Actions; Submission of Action; Habeas Corpus or Warrant.

Section 722.26a - Joint Custody.

Section 722.26b - Standing of Guardian or Limited Guardian of Child to Bring Action for Custody of Child; Filing of Action; Stay of Proceedings; Continuation of Order in Force; Copy of Judgment or Order of Disposition; Assignment of Judge.

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 722.27 - Child Custody Disputes; Powers of Court; Support Order; Enforcement of Judgment or Order; Child Custody While Parent on Deployment.

Section 722.27a - Parenting Time.

Section 722.27b - Order for Grandparenting Time; Circumstances; Acknowledgment of Parentage; Commencement of Action; Procedures; Affidavit; Basis for Entry of Order; Best Interests of Child; Alternative Dispute Resolution; Frequency of Filing Complai...

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.