Summary of Michigan Senate Bill 941 (2025-2026)
Purpose and intent
- SB 941 amends the Child Custody Act of 1970 (PA 91) to emphasize joint custody and equal or approximately equal parenting time in custody disputes, and to clarify procedures around parenting time (visitation) and related notices.
- The bill introduces and reinforces a presumptive preference for joint custody and shared parenting time, while preserving court discretion to award sole custody if clear and convincing evidence shows it is in the child’s best interests.
Key provisions and changes
- Joint custody presumption and notice (Sec. 6a):
- Courts must advise parties in custody disputes about joint custody and the presumption of equal or approximate parenting time.
- At the request of either parent, the court must consider a joint custody award and must state on the record the reasons for granting or denying the request.
- When initiating family division actions (paternity, custody, divorce involving a minor child, or support), courts must issue a notice to all parties:
- States there is a right to joint custody and equal or approximately equal parenting time.
- Defines “joint custody” as either shared decision-making authority on major welfare decisions or alternation of residence for equal periods, or both.
- A presumption exists that equal or approximately equal parenting time serves the child’s best interests unless a contrary conclusion is proven via the child’s best-interest factors (section 3).
Court standards for joint custody (Sec. 6a):
- If parents agree on joint custody, the court shall award it unless the record clearly and convincingly shows it is not in the child’s best interests.
- If joint custody is awarded, the court may specify residence schedules or provide for shared physical custody to maintain ongoing contact with both parents.
- During the time the child resides with a parent, that parent decides routine matters; residency disputes must be explained on the record.
Relationship to support (Sec. 6a, continued):
- Joint custody does not automatically modify child support; both parents remain responsible for support based on the child’s needs and each parent’s resources.
- The act allows for modification of housing-related support when one parent’s housing is insufficient but the other has sufficient resources; however, joint custody alone is not grounds for changing a support order.
Parenting time (Sec. 7a):
- Parenting time should promote a strong relationship with both parents, with frequency, duration, and type designed accordingly.
- If parents agree on parenting time terms, the court shall order them unless clear and convincing evidence shows they are not in the child’s best interests.
- A child’s right to parenting time exists unless clear and convincing evidence shows it would endanger the child’s health or well-being.
- Protections related to cases where a parent is convicted of criminal sexual conduct (CSCs or nonconsensual sexual penetration) affect parenting time:
- If CSC-related acts are proven or convictions exist, the court shall not grant parenting time to the offending biological parent unless there is consent from the other parent and, if appropriate, the child.
- Additional prohibitions apply if the CSC offenses involve the child as a victim, with age-based considerations and potential child assent.
- Court may consider a range of factors when determining parenting time, including:
- Child’s special needs, nursing status, risk of abuse or neglect, risk of harm to a parent, travel burdens, ability to follow court orders, history of exercising parenting time, domestic violence considerations, and any other relevant factors.
Parenting time orders and terms (Sec. 7a):
- Parenting time orders should be specific and may include provisions for transportation, cost-sharing, third-party presence, required readiness, timing, contingencies, and bonds to ensure compliance.
- Hague Convention provisions: orders generally should prohibit parenting time in non-Hague Convention countries unless both sides consent in writing.
- Ex parte interim orders:
- Allows temporary orders with notice requirements and a process for objections, resolutions by the friend of the court, and potential court hearings within specified timeframes (14-day objection window; 21-day resolution window; 28-day response after hearing request).
- Military deployment: stays of parenting time may be granted under the Servicemembers Civil Relief Act; courts presume no change in parenting time during deployment unless clear and convincing evidence justifies a temporary order; deployment-end reinstitution rules apply, with specific timelines for notifying the court.
Definitions and procedural notes:
- “Joint custody” defined to involve either alternating equal residence or shared decision-making, or both.
- The act cross-references and aligns with sections detailing best-interest factors (section 3) and general parenting-time standards (section 5, MCL 722.25).
- Effective only if related bills SB 940 and SB 942 are enacted (tie-bar condition).
Who is affected
- Parents involved in child custody disputes and custody, support, and paternity actions in Michigan.
- Children in custody proceedings, with a framework aiming to maximize contact with both parents and provide protections in cases of parental wrongdoing (notably CSC-related offenses).
- Courts (family division of circuit courts) and the Friend of the Court (FOC) in processing notices, ex parte orders, and interim arrangements.
- Families impacted by deployment and cross-border parenting time, with specific provisions for military and international considerations.
Timeline and procedural notes
- Enactment contingent on passage of SB 940 and SB 942 (tie-bar).
- Upon enactment, the act would apply to future custody and parenting-time actions, with the new notices and presumptions triggering at initiation and in record-based determinations.
- Ex parte orders and related timeframes (14-day objections, 21- and 28-day resolutions) establish expedited processes for temporary parenting-time orders.
