Section 722.21 – Child Custody Act; Short Title.
722.21 Child custody act; short title. Sec. 1. This act shall be known and may be cited as the “child custody act of 1970”. History: 1970, Act 91, Eff. Apr. 1, 1971
Section 722.22 – Definitions.
722.22 Definitions. Sec. 2. As used in this act: (a) “Active duty” means that term as defined in section 101 of the servicemembers civil relief act, 50 USC 511, except that “active duty” includes full-time national guard duty. (b) “Agency” means a legally authorized public or private organization, or governmental unit or official, whether of […]
Section 722.23 – “Best Interests of the Child” Defined.
722.23 “Best interests of the child” defined. Sec. 3. As used in this act, “best interests of the child” means the sum total of the following factors to be considered, evaluated, and determined by the court: (a) The love, affection, and other emotional ties existing between the parties involved and the child. (b) The capacity […]
Section 722.24 – Child Custody Disputes; Powers of Court; Appointment of Lawyer-Guardian Ad Litem.
722.24 Child custody disputes; powers of court; appointment of lawyer-guardian ad litem. Sec. 4. (1) In all actions involving dispute of a minor child’s custody, the court shall declare the child’s inherent rights and establish the rights and duties as to the child’s custody, support, and parenting time in accordance with this act. (2) If, […]
Section 722.24a – Repealed. 2001, Act 108, Eff. Sept. 30, 2001.
722.24a Repealed. 2001, Act 108, Eff. Sept. 30, 2001. Compiler’s Notes: The repealed section pertained to support of child after child reaches 18 years of age.
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; “Offending Parent” Defined.
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; “offending parent” defined. Sec. 5. (1) If a child custody dispute is between the parents, between agencies, or between third persons, the best interests of the […]
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.
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. Sec. 6. (1) This act is equitable in nature and shall be liberally construed and applied to establish promptly the rights of the child and the rights and […]
Section 722.26a – Joint Custody.
722.26a Joint custody. Sec. 6a. (1) In custody disputes between parents, the parents shall be advised of joint custody. At the request of either parent, the court shall consider an award of joint custody, and shall state on the record the reasons for granting or denying a request. In other cases joint custody may be […]
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.
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. Sec. 6b. (1) Except as otherwise provided in subsection (2), a guardian or limited guardian of a child […]
Section 722.26c – Custody Action by Third Person; Conditions.
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, […]
Section 722.26d – Custody Action by Third Person; Jurisdiction.
722.26d Custody action by third person; jurisdiction. Sec. 6d. A third person filing an action under section 6c shall proceed as follows: (a) If the circuit court has continuing jurisdiction over the child, the action shall be filed in the circuit court that has continuing jurisdiction over the child. (b) If the circuit court does […]
Section 722.26e – Custody Action by Third Person; Notice; Powers of Court.
722.26e Custody action by third person; notice; powers of court. Sec. 6e. (1) A third person filing an action under section 6c shall send notice of the action to each party who has legal custody of the child and to each parent whose parental rights have not been terminated. (2) In addition to other powers […]
Section 722.27 – Child Custody Disputes; Powers of Court; Support Order; Enforcement of Judgment or Order; Child Custody While Parent on Deployment.
722.27 Child custody disputes; powers of court; support order; enforcement of judgment or order; child custody while parent on deployment. Sec. 7. (1) If a child custody dispute has been submitted to the circuit court as an original action under this act or has arisen incidentally from another action in the circuit court or an […]
Section 722.27a – Parenting Time.
722.27a Parenting time. Sec. 7a. (1) Parenting time shall be granted in accordance with the best interests of the child. It is presumed to be in the best interests of a child for the child to have a strong relationship with both of his or her parents. Except as otherwise provided in this section, parenting […]
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 Complaint or Motion Seeking Order; Attorney Fees; Order Prohibiting Change of Domicile of Child; Effect of Entry of Order; Modifying or Terminating Order; Record; Termination of Grandparent’s Right to Commence Action.
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 complaint or motion seeking order; attorney fees; order prohibiting change of domicile of child; effect of entry of order; modifying or terminating order; record; termination of […]
Section 722.27c – Parenting Coordinator.
722.27c Parenting coordinator. Sec. 7c. (1) A parenting coordinator is a person appointed by the court for a specified term to help implement the parenting time orders of the court and to help resolve parenting disputes that fall within the scope of the parenting coordinator’s appointment. (2) The court may enter an order appointing a […]
Section 722.28 – Child Custody Disputes; Appeal, Grounds.
722.28 Child custody disputes; appeal, grounds. Sec. 8. To expedite the resolution of a child custody dispute by prompt and final adjudication, all orders and judgments of the circuit court shall be affirmed on appeal unless the trial judge made findings of fact against the great weight of evidence or committed a palpable abuse of […]
Section 722.29 – Transition to Centralized Receipt and Disbursement of Support and Fees.
722.29 Transition to centralized receipt and disbursement of support and fees. Sec. 9. The department, the SDU, and each office of the friend of the court shall cooperate in the transition to the centralized receipt and disbursement of support and fees. An office of the friend of the court shall continue to receive and disburse […]
Section 722.30 – Access to Records or Information by Noncustodial Parent.
722.30 Access to records or information by noncustodial parent. Sec. 10. Notwithstanding any other provision of law, a parent shall not be denied access to records or information concerning his or her child because the parent is not the child’s custodial parent, unless the parent is prohibited from having access to the records or information […]
Section 722.31 – Legal Residence Change of Child Whose Parental Custody Governed by Court Order.
722.31 Legal residence change of child whose parental custody governed by court order. Sec. 11. (1) A child whose parental custody is governed by court order has, for the purposes of this section, a legal residence with each parent. Except as otherwise provided in this section, a parent of a child whose custody is governed […]