Michigan Senate Weighs 'Equal Parent Act' to Mandate 50/50 Custody Starting Point
A landmark bill introduced in the Michigan Senate seeks to establish a rebuttable presumption of 50/50 shared parenting in all child custody disputes. The legislation aims to shift the burden of proof, requiring clear evidence to deviate from equal time for fit parents.
As of May 15, 2026, Michigan's 'Equal Parent Act' (Senate Bills 940-942) has gained significant momentum in the state legislature, representing a potential sea change for fathers' rights in the Midwest. Introduced by Senator Jim Runestad, the package of bills would codify a legal presumption that joint physical and legal custody is in the child's best interest. For decades, fathers have frequently entered family courts as the 'underdog,' tasked with proving why they deserve more than every-other-weekend visitation. This bill flips that script by making 50/50 the automatic starting point for the court's deliberations.
The proposed reform is designed to address the adversarial nature of current custody battles, which often incentivize parents to highlight each other's flaws to win primary custody. Under the new guidelines, if both parents are deemed fit and willing, the court must grant equal parenting time unless 'clear and convincing evidence'—such as a history of domestic violence or substance abuse—is presented to prove such an arrangement would harm the child. This higher evidentiary standard is intended to prevent the use of minor or unfounded allegations as leverage to limit a father's access to his children.
Supporters of the bill, including local advocacy chapters similar to those in Massachusetts, argue that the current 'best interests of the child' standard is too subjective, allowing judicial bias to persist. They point to decades of research showing that children with active, equal involvement from both parents have better emotional, academic, and social outcomes. For fathers navigating the system, this legislation offers a more predictable and equitable framework that recognizes their fundamental right to parent on equal footing with mothers.
While some legal associations have raised concerns that a rigid presumption might overlook the unique needs of specific families, proponents emphasize that the bill maintains judicial discretion for high-conflict or high-risk cases. The movement in Michigan is being closely watched by reformers across the country, as it mirrors a growing national trend toward mandatory shared parenting. For fathers' rights groups, the bill is seen not just as a legal shift, but as a long-overdue societal acknowledgement of the importance of paternal involvement.
The progress of this legislation serves as a vital signal for advocates in states like Massachusetts, where similar bills like H1710 are currently under study. It demonstrates that the legislative appetite for modernizing family law to reflect dual-earner and dual-caregiver households is at an all-time high. If passed, Michigan would join a growing list of states that have successfully transitioned to a 50/50 default, providing a blueprint for national reform.
Source: https://misenategop.com/runestad-introduces-legislation-to-create-a-presumption-of-50-50-shared-parenting/