Required joint custody bill passes Michigan House panel

Kathleen Gray | Detroit Free Press

LANSING — Absent reports of domestic violence, judges would be required to award joint legal custody of children to divorcing parents under a bill that passed the House Judiciary Committee today.

With the standard of parenting changing dramatically over the past 40 years — from including same-sex marriage to an increasing number of people having children out of wedlock — reform is needed to remove discretion from judges in child custody cases, said state Rep. Jim Runestad, R-White Lake, who sponsored the legislation.

“We looked at county by county statistics on what happens in custody situations and what we found out is that the custody arrangements are not determined by the kind of parent that you are, but the judge in the county,” he said. “We have study after study of the benefits of shared parenting. It’s a tremendous benefit for the children.”

Linda Wright, of the National Parent's Organization in Michigan, earlier this month said she saw the ill effects of a single parent family when her husband died in 1998.

"While we can't protect our children from the loss of a parent resulting from death, we certainly have the ability and responsibility to do everything possible to prevent the loss of a parent that occurs through divorce," she said. "The children are innocent victims here."

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But the bill aroused a flood of opposition from judges, advocates against domestic violence, family court employees and the family law section of the State Bar of Michigan.

“This bill presumes that one form of custody is best for all families and that’s equal time,” said Rebecca Shiemke, of the Michigan Poverty Law program. “And that’s not necessarily true.”

Logistically, shared parenting time would make it difficult for some parents to find jobs, children could feel lost between two households and child support awards could become a bargaining chip for a parent who doesn’t want to pay a higher amount, she said.

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“Some studies report that children complain that they don’t feel they have their own home in shared custody situations," Shiemke said. "We’re a much more mobile society now and with a focus on parents needing to work and have to split time with their children, it’s going to make it harder for parents to find work.”

And child support is based on the number of overnights the parent has with the child. The bill would require that no parent receive more than 200 overnights with their children in a year.

“That would reduce the child support burden that one parent would have to pay to the other,” Shiemke said. “So a parent could get a lower child support obligation and then just not exercise their equal time.”

In testimony prepared for the committee, judges Kathleen Feeney and Brian Kirkham of the Michigan Judges Association said the bill puts the best interest of the child behind the interest of the parents.

"This presumption (of shared custody) disregards the actual facts as to which parent provides day-to-day support, maintenance and nurturing of the child and instead substitutes the mere presence of a parent," they wrote.

The provision that a judge must give substantial weight to the preference of the child also will force the child to publicly choose sides, they added, "and thrust the child into the middle of a contentious battle between their parents. The ensuing animosity and hurt feelings will linger well after the custody battle is over."

The bill would:

Require a judge to grant joint legal custody and substantially equal parenting time, unless there’s a preponderance of evidence of domestic violence in the family.

Prohibit a parent from moving more than 80 miles away from the other parent.

If a child is 16 or older, the child's preference on custody has to be given substantial weight by the judge.

After only two days of testimony earlier this month, the bill — HB 4691 — passed the committee Tuesday on a 6-3 party line vote with Republicans voting for it and Democrats opposing. Runestad said a vote on the bill is not expected in the full House of Representatives before they adjourn for the summer later this week.

"I want to continue the dialogue with all the stakeholders so that nobody feels left out," he said.

Contact Kathleen Gray: 313-223-4430, kgray99@freepress.com or on Twitter @michpoligal