Family law: child custody; presumptions in certain child custody disputes; modify. Amends sec. 5 of 1970 PA 91 (MCL 722.25).

HB 5309 amends Michigan's Child Custody Act to clarify custody presumptions in specific disputes. It establishes that courts generally presume custody should go to parents unless a parent has been absent for 3 years (with exceptions for military service, incarceration, or medical reasons), and shifts the burden of proof to the party opposing parental custody. The bill also specifically prohibits awarding custody to a biological parent convicted of criminal sexual conduct against the child, unless the child (if old enough) consents, and clarifies that this does not affect the parent's child support obligations. These changes directly affect parents, guardians, and third parties involved in child custody cases where sexual offenses are alleged or proven.