LEGISLATIVE UPDATE

BY DANIEL FERENCY (OAKLAND)

The Michigan Legislature is now in the second year of the two-year session 2025-2026. All bills introduced in the first year carry over into this year. Any bills that do not pass in the second year must be reintroduced in the first year of the next legislative session.

Enacted/Passed Bills

Domestic Relations
None yet this session.

Juvenile/Abuse & Neglect
None yet this session.

In Committee/Other

Domestic Relations
 
HOUSE BILLS 5211-5213 JOINT CUSTODY & EQUAL PARENTING TIME PRESUMPTION AMENDMENTS
This package of bills would amend the Child Custody Act and Parenting Time statute to include a presumption that joint custody and equal parenting time is in a minor child’s best interests, which could be rebutted by clear and convincing evidence to the contrary. The amendments would also prevent courts from issuing oral opinions regarding custody and parenting time, requiring findings and conclusions of law in writing.
 
Status: These set of bills were introduced on November 4, 2025, and referred to the House Judiciary Committee, no action since.
 
HOUSE BILL 5445 CREATION OF DEDICATED FAMILY COURT DOCKET
This bill would amend the Revised Judicature Act of 1961 to create a permanently assigned family court judgeship.
 
Status: This bill was introduced on December 23, 2025, and referred to the House Committee on Judiciary, no action since.

HOUSE BILL 5309 AMENDMENT OF MCL 722.25 – CHILD CUSTODY DISPUTES BETWEEN PARENTS AND THIRD PERSONS
This bill would amend MCL 722.25 to remove the parental presumption to parents who fail to have contact with the minor child for the three years preceding the date of filing of the custody complaint, with three exceptions involving deployment, incarceration, or medical condition.  The bill would also lower the standard for awarding custody to a third person to a preponderance of the evidence rather than clear and convincing evidence. The bill would also eliminate the parental presumption where a third person is providing an established custodial environment for the child.
 
Status: This bill was introduced on December 2, 2025, and referred to the Judiciary Committee, no action since.
 
HOUSE BILL 5578: AMENDMENTS TO THE CHILD CUSTODY ACT RE: ESTABLISHED CUSTODIAL ENVIRONMENT
This bill would modify the Child Custody Act to include a presumption that it is in the best interests of a child to modify the established custodial environment if a parent shows that the offending parent’s custody should be revoked because of a conviction for criminal sexual conduct offense or substantially similar statute or after a fact-finding hearing. This amendment mirrors existing provisions regarding custody and parenting time awards.
 
Status: This bill was introduced on February 24, 2026, and referred to the Committee on Families and Veterans, no action since.
 
SENATE BILL 0611: COSTS OF SERVICE FOR PERSONAL PROTECTION ORDERS
This bill would amend MCL 600.2559 and MCL 600.2950 to prevent a court or law enforcement officer from collecting a fee for serving a Personal Protection Order and requires courts to designate the law enforcement agency responsible for serving the Personal Protection Order and related documents.
 
Status: This bill was introduced on October 16,2025 and passed in the Senate on December 9, 2025. The bill is currently in the House Committee on Judiciary.
 
SENATE BILL 82 JUDICIAL PROTECTION ACT
This bill would create a new Act called the Judicial Protection Act, which would permit judges to request from a public body that personally identifying information be removed from public view.

Status: This bill was passed by the Senate on March 19, 2025 and passed by the House with amendments (as to effective date) December 16, 2025 and given immediate effect.

HOUSE BILLS 4215-4217 AMENDMENTS TO THE CHILD CUSTODY ACT AND PARENTING TIME STATUTE TO ADD GREAT-GRANDPARENTS
This package of bills would amend the Child Custody Act, the Parenting Time Statute, and the Grandparenting Time Statute to allow great-grandparents to be awarded custody or seek grandparenting time.

Status: These bills were referred to the Committee on Families and Veterans on March 12, 2025, no action since.
 
HOUSE BILL 4752 AMENDMENT TO THE MENTAL HEALTH CODE TO ALLOW CONVERSION THERAPY
This bill would amend the Mental Health Code to remove the definitions of conversion therapy and in effect permit the ban on conversion therapy for minors under MCL 330.1901a.

Status: This bill was referred to the Committee on Government Operations on July 29, 2025, no action since.
 
SENATE BILL 0160 UNIFORM PREMARTIAL AND MARITAL AGREEMENTS ACT
This bill would create a new Act governing pre- and post-nuptial agreements except those made in anticipation of or during a pending action for dissolution of the marriage. Such agreements must be in a recorded form and signed by both parties, and are enforceable without consideration except in cases of duress, unconscionability, or a party was without access to adequate legal representation or without appropriate waiver.
 
Status: This bill was passed by the Senate on May 7, 2025, and was referred to the House Judiciary Committee on May 7, 2025, no action since.

SENATE BILL 0285 AMENDMENTS TO MCL 551.7
This bill would broaden the language of those authorized to solemnize marriage under MCL 551.7, including religious leaders, faith-based leaders, or a celebrant or officiant of a secular organization.
 
Status: This bill was passed in the Senate On June 10, 2025, and referred to the House Committee on Government Operations, no action since.
 
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Juvenile/Abuse & Neglect
 
SENATE BILL 0218 CREATION OF NEW ACT PROBATE CODE OF 1939 PERMITTING REINSTATEMENT OF PARENTAL RIGHTS AFTER TERMINATION
This bill would create a new act for potential reinstatement of parental rights for a parent whose rights were previously terminated where the Court has determined that adoption or guardianship no longer serve the child’s permanency goal, 3 years or more have passed since the termination, and either the child is 14 years old or has a sibling that is at least 14 years old. The Court must hold a hearing to determine parental fitness and remediation of the grounds supporting the original termination.
 
Status: This bill was introduced on April 17, 2025, and was referred to the Committee on Civil Rights, Judiciary, and Public Safety, no action since.

HOUSE BILL 4750 & SENATE BILL 0018  AMENDING FOSTER CARE AND ADOPTION SERVICES ACT
These competing bills would amend the Foster Care and Adoption Services Act (MCL 722.951 to MCL 722.960) to require the Department of Health and Human Services to screen a child placed in foster care for eligibility for state and federal benefits. The amendments put conditions on DHHS (with some exceptions) from using those benefits to reimburse the Department for services provided and to conserve any benefits and report on the status of benefits.

Status: The Senate Bill was passed on April 17, 2025 and the House Bill was passed on September 17, 2025. Both bills are currently in committee.

SENATE BILL 0522 AMENDING STATUTORY GROUNDS FOR THE DEPARTMENT TO TAKE JURISDICTION OVER A JUVENILE
This bill would amend MCL 722.638 to include human trafficking as a statutory ground for the Department to take jurisdiction over a juvenile.

Status: This bill was referred to the Committee on Judiciary, Civil Rights, and Public Safety on September 4, 2025, no action since.
 
SENATE BILL 24 JUVENILE DIVERSION ACT
This bill would amend the Juvenile Diversion Act to allow an individual or organization to submit a research request for a juvenile record to the State Court Administrative Office (SCAO) or an individual court and prescribe the conditions for the use and release of such information. The released data would be exempt from disclosure under the Freedom of Information Act. Additionally, the SCAO and each court, as applicable, would have to maintain certain records about the request and the released data. The bill would allow the SCAO to charge the researcher to cover costs incurred for processing the request.

Status: This bill was passed by the Senate on March 5, 2025 and referred to the House Committee on Government Operations, no action since.

All of the above legislation can be accessed at: https://www.legislature.mi.gov.