What Parents Should Know About Senate Bills 940–942 & Michigan 50/50 custody
If you are a Michigan parent going through a divorce or custody dispute, you may have heard rumblings about a proposed change that could reshape how judges decide parenting time. In April 2026, State Senator Jim Runestad introduced a package of bills — Senate Bills 940, 941, and 942 — that would create a rebuttable presumption in favor of equal, or approximately equal, parenting time between both parents. Companion bills, House Bills 5211 through 5213, are moving through the House at the same time.
These bills have not become law. They are still working through committee, and family law professionals across the state are actively debating them. But because they touch on one of the most emotionally charged questions in any custody case — how much time each parent gets with the kids — it is worth understanding what they would do, where they currently stand, and what they might mean for your case if you are facing a custody decision in the months ahead.
How Michigan Custody Decisions Work Today
Under current Michigan law, custody and parenting time decisions are governed by the Child Custody Act, found at MCL 722.23 and following. Judges are required to base every custody determination on the “best interests of the child,” which the statute breaks down into a list of specific factors, including:
● The love, affection, and emotional ties between the child and each parent
● Each parent’s capacity to provide food, clothing, medical care, and a stable environment
● The length of time the child has lived in a stable, satisfactory environment
● The reasonable preference of the child, if the court considers the child old enough
● Any history of domestic violence, regardless of whether it was directed at the child
● Each parent’s willingness to facilitate a close relationship between the child and the other parent
Michigan law already recognizes a presumption that it is in a child’s best interest to have a strong relationship with both parents, and courts are directed to grant parenting time in a way that promotes that relationship. What current law does not do is start from an assumption that time should be split 50/50. Instead, judges weigh all of the statutory factors and arrive at a schedule they believe serves that specific child, which could be equal time, a majority-time arrangement for one parent, or something in between.
What Senate Bills 940, 941, and 942 Would Change
The Runestad package would add “awarding equal time with both parents” as one of the best-interest factors judges must consider, and it would go further by directing courts to presume that equal or approximately equal parenting time is appropriate once a parent requests it. Under the bills, that presumption could be overcome, but only if a parent presents clear and convincing evidence that a more limited schedule is necessary — for example, because of abuse or a parent’s unfitness. The legislation would also require the Friend of the Court to provide parents with written information about this presumption early in a custody case, through an amendment to MCL 552.505.
Supporters of the bills argue that a starting point of equal time gives both parents a meaningful, ongoing relationship with their children and reduces the incentive to litigate over schedules. Because the three bills are tie-barred to one another, all three would need to pass together for any of them to take effect.
Why the State Bar’s Family Law Section Is Pushing Back
Not everyone in the legal community is on board. In November 2025, the Family Law Section of the State Bar of Michigan formally adopted a position opposing a presumptive right to equal parenting time in the companion House legislation. The Section’s core concern is that every family is different: a rigid starting presumption, even a rebuttable one, could work against children in situations involving high conflict, geographic distance between parents, inconsistent caregiving history, or safety concerns that are harder to prove to a “clear and convincing” standard than parents and advocates might assume. Their position reflects a broader debate happening in family law circles nationally, as several other states have adopted or considered similar presumptive shared-parenting statutes in recent years.
What This Means for You Right Now
Because SB 940, 941, and 942 are still sitting in the Senate Judiciary Committee, Michigan’s best-interest standard under MCL 722.23 remains the law today, and there is no guarantee the presumption will be enacted or what form it might take if it is. That said, a few practical takeaways are worth keeping in mind if you have a custody matter pending or on the horizon:
● Document your involvement. Whether or not a 50/50 presumption becomes law, courts already weight a parent’s consistent, hands-on involvement heavily. Keeping records of school pickups, medical appointments, and daily caregiving strengthens your position under either standard.
● Don’t assume today’s schedule is locked in. If this legislation passes, parents with existing orders may eventually have grounds to revisit their parenting time, since a change in the underlying law can sometimes support a modification request.
● Safety concerns still need to be documented carefully. If domestic violence or a parent’s fitness is at issue in your case, the proposed “clear and convincing evidence” standard makes early, thorough documentation more important, not less.
● Watch the legislative calendar, but don’t wait to build your case. Bills can stall, get amended significantly, or die in committee. Building a strong custody case under the law as it exists today is always the safer strategy.
Talk to a Michigan Family Law Attorney
Custody law is one of the areas where a pending bill in Lansing can eventually change how your case is argued and decided, which is why it pays to work with an attorney who is following these developments closely. The team at The Mitten Law Firm helps Downriver families navigate custody disputes, parenting time schedules, and modifications under Michigan’s current best-interest framework, while keeping an eye on where the law may be headed next. If you have questions about your custody case or how proposed legislation like SB 940-942 could affect you, contact The Mitten Law Firm to schedule a consultation.
This blog post is for informational purposes only and does not constitute legal advice. Pending legislation discussed above (SB 940, SB 941, and SB 942) had not been enacted into law as of the time of writing and is subject to change. For advice about your specific situation, consult a licensed Michigan family law attorney