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Bill

Bill

HB 5309

Family law: child custody; presumptions in certain child custody disputes; modify. Amends sec. 5 of 1970 PA 91 (MCL 722.25).

2025-2026 Regular Session Introduced by Matt Bierlein and 18 co-sponsors

HB 5309 modifies Michigan's child custody presumptions to change how courts determine custody arrangements in family disputes.

bill electronically reproduced 12/02/2025
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Bill Summary · HB 5309

Legislative bill overview

HB 5309 amends Michigan's Child Custody Act by modifying presumptions that courts apply when determining custody disputes. The bill specifically changes how section 5 of the 1970 statute operates, which establishes the legal framework courts use to make custody decisions. The exact nature of these presumption modifications is not detailed in the bill summary provided, requiring the full text for specifics.

Why is this important

Child custody presumptions directly affect how Michigan courts award guardianship and parental rights, influencing outcomes for thousands of families annually. These legal standards shape whether courts favor certain custody arrangements (joint, sole, maternal, paternal) and can significantly impact children's living situations and parental involvement. Changes to custody presumptions reflect evolving policy priorities about family structure and children's best interests.

Potential points of contention

  • Parental rights balance: Any modification to custody presumptions will likely affect how courts weigh maternal versus paternal custody claims, a persistently contentious issue in family law
  • Judicial discretion: Changes may either expand or restrict judges' flexibility in customizing custody decisions to individual family circumstances
  • Children's welfare standards: Disagreement may arise over whether modified presumptions adequately prioritize children's best interests versus other considerations like parental rights

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

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