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

Michigan Senate Bill 940 (SB0940) proposes changes to the state's child custody laws by adding equal parenting time as a factor in determining the best interests of the child. Specifically, it amends sections 3 and 5 of the Child Custody Act of 1970 (MCL 722.23 and 722.25). The bill introduces a presumption that equal or approximately equal parenting time is in the child's best interest, which can only be rebutted by clear and convincing evidence. Additionally, it requires courts to provide written findings and conclusions when determining the best interests of the child. The bill is tied to two other related bills, SB0941 and SB0942, which address similar aspects of child custody. ([legiscan.com](https://legiscan.com/MI/text/SB0940/2025?utm_source=openai))

Supporters of SB0940 argue that the bill promotes fairness and equality in child custody arrangements by presuming equal parenting time. They believe this approach can lead to more balanced and healthier relationships between children and both parents post-divorce. Advocates also appreciate the requirement for written court findings, which can enhance transparency and consistency in custody decisions.

Critics of SB0940 express concern that the presumption of equal parenting time may not be suitable in all cases, particularly where one parent has a history of abuse or neglect. They worry that the bill could lead to custody arrangements that are not in the best interests of the child. Some also question whether the bill adequately addresses the complexities of individual family situations.