Michigan House Bill HB5211

Michigan 2025-2026 Regular Session

• Introduced: 11/4/25
• Refer: 11/4/25

Caption

Family law: child custody; factors determining best interest of child; include equal time with both parents as a factor. Amends secs. 3 & 5 of 1970 PA 91 (MCL 722.23 & 722.25). TIE BAR WITH: HB 5212'25, HB 5213'25

Impact

One of the most significant changes introduced by HB 5211 is the presumption of equal parenting time for parents in custody disputes, which can only be denied if there is clear and convincing evidence to the contrary. This change can alter the dynamics of custody cases, particularly benefiting parents who seek shared custody arrangements. In addition, the bill addresses cases involving parents who have been convicted of criminal sexual conduct, explicitly stating that such convictions should prevent awarding custody to the offending parent unless specific conditions are met, positioning child safety at the forefront of custody considerations.

Summary

House Bill 5211 is an amendment to Michigan's Child Custody Act of 1970 that seeks to clarify how child custody decisions are made in cases involving parents with criminal convictions, particularly those related to sexual assault. The bill emphasizes the importance of considering the 'best interests of the child' by establishing specific criteria for judges to evaluate during custody disputes. This includes factors such as emotional ties, parental guidance capacity, stability of the child's living environment, and the moral fitness of involved parties, among others.

Contention

There are potential points of contention regarding the implications of this bill. Supporters may argue that it provides necessary protections for children from potentially harmful parental influences. However, critics may express concerns that the bill could infringe upon the rights of parents, particularly those who are striving for equal access to their children despite past convictions. The requirement that parenting time be presumed equal could also lead to legal disputes, putting additional strain on already complicated familial relationships. Additionally, there may be concerns about how effectively the courts can weigh the various factors concerning the best interests of the child and how this could play out in practical terms in court settings.