Michigan Senate Bill SB0940

Michigan 2025-2026 Regular Session

• Introduced: 4/29/26
• Refer: 4/29/26

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: SB 0941'26, SB 0942'26

Summary

Senate Bill 940 would amend Michigan’s Child Custody Act to change how courts evaluate custody and parenting-time disputes. The bill adds a presumption that, when a custody dispute is between parents, it is in the child’s best interests to have equal or approximately equal parenting time with each parent. That presumption could be overcome only by clear and convincing evidence on the record showing that equal parenting time is not in the child’s best interests. The bill also revises the statutory “best interests of the child” factors to emphasize that a court may not negatively weigh a parent’s reasonable actions to protect a child or that parent from sexual assault or domestic violence by the other parent. It retains the existing list of best-interest factors and requires courts to make written findings and conclusions of law when deciding custody.

Impact

SB 940 would amend MCL 722.23 and 722.25, the core custody provisions of Michigan’s Child Custody Act of 1970. Its main legal effect is to create a rebuttable presumption favoring equal or near-equal parenting time between parents, shifting the burden to the party opposing that arrangement to prove by clear and convincing evidence that it is not in the child’s best interests. The bill also narrows how courts may evaluate a parent’s protective actions in domestic violence or sexual assault situations. In addition, the bill preserves and restates provisions barring custody for a parent convicted of certain criminal sexual conduct offenses involving the child’s conception or victimization, and it clarifies that such a parent remains responsible for support obligations. The bill is tie-barred to SB 941 and SB 942, meaning it would not take effect unless those companion bills also became law.

Sentiment

The bill appears to be framed as a pro-parenting-time and child-protection measure, with its central policy goal being more equal involvement of both parents after separation. The text and caption suggest support for shared parenting as a default approach, while also preserving exceptions for abuse and sexual violence. No committee transcripts or recorded votes were provided, so there is no direct evidence of floor or committee sentiment in the materials supplied. Based on the bill language alone, the measure seems designed to appeal to advocates of shared custody and to those concerned about protecting survivors of domestic violence and sexual assault from being penalized for taking safety-related actions.

Contention

The main point of contention is likely the new presumption of equal or approximately equal parenting time. Supporters would view that as promoting shared parenting and continued involvement of both parents, while opponents may argue it could pressure courts toward equal time even in cases where a different arrangement better serves the child. The bill tries to address that concern by allowing rebuttal with clear and convincing evidence. A second area of potential dispute is the treatment of domestic violence and sexual assault. The bill expressly says a court may not treat a parent’s reasonable protective actions as a negative factor, which suggests concern that abuse survivors could otherwise be penalized in custody litigation. The criminal-sexual-conduct provisions are also significant, because they categorically bar custody for certain offending parents unless narrow exceptions apply.