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Child Custody News
Child Custody Disputes Controlling Interests, Presumption Award Of Custody To Parent Convicted Of Criminal Sexual Conduct
(1) If a child custody dispute is between the parents, between agencies, or between third persons, the best interests of the child control. If the child custody dispute is between the parent or parents and an agency or a third person, the court shall presume that the best interests of the child are served by awarding custody to the parent or parents, unless the contrary is established by clear and convincing evidence.
(2) Notwithstanding other provisions of this act, if a child custody dispute involves a child who is conceived as the result of acts for which 1 of the child's biological parents is convicted of criminal sexual conduct as provided in sections 520a to 520e and 520g of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.520a to 750.520e and 750.520g of the Michigan Compiled Laws, the court shall not award custody to the convicted biological parent. This subsection does not apply to a conviction under section 520d(1)(a) of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.520d of the Michigan Compiled Laws. This subsection does not apply if, after the date of the conviction, the biological parents cohabit and establish a mutual custodial environment for the child.
(3) Notwithstanding other provisions of this act, if an individual is convicted of criminal sexual conduct as provided in sections 520a to 520e and 520g of Act No. 328 of the Public Acts of 1931 and the victim is the individual's child, the court shall not award custody of that child or a sibling of that child to that individual, unless both the child's other parent and, if the court considers the child or sibling to be of sufficient age to express his or her desires, the child or sibling consent to the custody.
Marital status has no impact in seeking child custody and visitation rights.
Marriage, or the lack of marriage, have no bearing in the eyes of the court. The judge will rule on what he or she believes to be in the best interests of the child or children.
Definition:
Limited divorce is synonymous to separation and entails the termination of cohabitation.
Dependency
Definition:
The dependent spouse relied on the other for financial support during the marriage and is therefore now the only one eligible to receive child support.
Legal custody
Definition:
Legal custody grants one spouse the right to make any legal decisions over the upbringing of the child.
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Did You Know?
Marital status has no impact in seeking child custody and visitation rights.
