State lawmaker introduces bill to change custody laws for CSC offenders

(LANSING) WJRT - Like many people, Pam Faris couldn't believe a convicted rapist, whose 12-year-old victim gave birth to his child as result of that rape, was granted joint custody in a Sanilac County courtroom last week.

"What parent or grandparent would ever want to have to see their daughter or grandchild go through anything like this?" said the Democratic state representative from Clio. "I was shocked when i read about it."

Yesterday, Sanilac County Judge Greg Ross reversed the order, citing a lack of knowledge in the circumstances surrounding the case. But for Faris, that wasn't enough.

"We realized with a case that came out of the thumb area, that there were problems with a bill that we passed two years ago," she said.

So on Tuesday, Faris introduced House bill 5132.

"What this bill will do is exempt allowing anyone convicted of certain criminal sexual conduct acts who father a child, it will disallow them to have any custody or visitation of that child," said Faris.

But family law attorney Terry Bankert believes in the Sanilac County case, the current laws in place were not the problem.

"Somebody dropped the ball," he said.

He says the law is clear when it comes to awarding custody in paternity cases.

"Once there is an identifiable, he's the dad, the court is to conduct a hearing it's called the best interest hearing. They ask what is the custodial environment and they go through the best interest factors and the criminal history of one of the parties would have been included in that," said Bankert

Faris said she has talked with the Michigan Department of Health and Human Services on changes to their forms to make sure anyone filling them out understands them.

In the meantime, her bill now heads to a committee. Faris believes it should move quickly through the Legislature to Gov. Rick Snyder's desk.