CRIMINAL SEXUAL CONDUCT AND CHILD CUSTODY

MCL §722.25(2)—Criminal Sexual Conduct and Custodial Rights

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 Compiled Laws, the court shall not award custody to the convicted biological parent. This subsection does not apply to a conviction under section 520(d)(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. [exception: commonly known as statutory rape: “Sec. 520d. (1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist:
(a) That other person is at least 13 years of age and under 16 years of age.”]
MCL §722.25(3)—Criminal Sexual Conduct and Custodial Rights, Part II
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.

Oceana County

Oceana
100 State StreetHart, MI 49420(231) 873-4835
Area: 540 smEst: 1831Pop: 26,873Pop/sm: 49.7Seat: Hart

Terry R. Bankert P.C.

http://attorneybankert.com/