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HB 5309

AN ACT RELATING TO TAXATION -- PROPERTY SUBJECT TO TAXATION

2025 Regular Session Introduced by Stephen Casey and 9 co-sponsors

The bill strengthens custody presumptions in favor of parents over agencies or third parties, while barring custody for biological parents tied to certain sexual offenses.

06/20/2025 Referred to Senate Finance
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Bill Summary · HB 5309

Summary — HB 5309 (Child Custody Act amendment)

Status: House Introduced (bill electronically reproduced 12/02/2025)
Primary sponsor: Rep. Curtis VanderWall

Purpose

HB 5309 amends section 5 of the Child Custody Act of 1970 (MCL 722.25) to (1) create or reinforce presumptions governing custody disputes between parents, agencies, and third persons, and (2) prohibit or limit custody awards to a biological parent who conceived a child through certain criminal sexual conduct or who has been found to have committed nonconsensual sexual penetration.

Key provisions

  • Presumption favoring parents in parent vs. agency/third-person disputes:

    • When custody is contested between a parent (or parents) and an agency or third person, the court shall presume that awarding custody to the parent(s) serves the child's best interests, unless the contrary is established by (the bill text uses the phrase) “clear and convincing a preponderance of the evidence.”
    • A parent who had no contact with the child for the 3 years immediately before the custody filing is treated as a “third person” (i.e., loses the parental presumption), unless the absence was caused by: (i) active duty/deployment, (ii) incarceration, or (iii) medical condition.

  • Exception where no presumption applies:

    • If the third person is the custodian of the child’s “established custodial environment” (per section 7), the court shall not presume in favor of either the parent(s) or the third person.

  • Presumption in third-person v. third-person disputes:

    • If only one third person has been appointed guardian for the child, the court shall presume custody should go to that guardian unless rebutted by clear and convincing evidence.

  • Limitations related to criminal sexual conduct:

    • The court shall not award custody to a biological parent who conceived a child as a result of criminal sexual conduct (MCL 750.520a–750.520e, 750.520g, or substantially similar laws) or who is found by clear and convincing evidence in a fact-finding hearing to have committed nonconsensual sexual penetration. Exception: convictions under MCL 750.520d(1)(a) are excluded from this prohibition.
    • The prohibition does not apply if, after the conviction/finding, the biological parents cohabit and establish a mutual custodial environment.
    • An “offending parent” (defined in the bill) cannot obtain custody of such a child without the other parent’s or guardian’s consent.
    • If the offender’s victim is their child, the court shall not award custody of that child or a sibling to the offender unless the other parent and, where appropriate, the child/sibling (if of sufficient age) consent.
    • Offending parents remain legally obligated for child support; the other parent/guardian may decline to accept support.
    • The non-offending parent may assert these provisions as an affirmative defense in actions brought by the offending parent.

Who is affected

  • Parents (including noncustodial parents), guardians, relatives and other third persons seeking custody or guardianship
  • Children involved in custody disputes, particularly where criminal sexual conduct or long parental absence is alleged
  • State and county agencies involved in child welfare and custody
  • Courts adjudicating custody disputes

Procedural/timeline notes

  • Bill introduced/reproduced: March 14, 2025 (filed) and electronically reproduced 12/02/2025; introduced by Rep. VanderWall 12/02/2025.
  • Read first time and referred to committee(s): recorded readings and referrals in 2025 (committee referrals include Homeland Security, Public Safety & Veterans' Affairs and Committee on Judiciary per legislative actions).

Potential effects and implementation issues

  • Strengthens presumptive protection for parents in many disputes, but also creates concrete bars to custody for parents tied to certain sexual offenses.
  • The bill text appears to mix evidentiary standards (“clear and convincing a preponderance of the evidence”); the drafting could create ambiguity for courts about the standard required to overcome presumptions.
  • Courts will need to apply the new presumptions alongside existing best-interest factors and the “established custodial environment” doctrine (section 7).

Compiled from official sources — confirm details with the bill’s official record.

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