Bill Text: MI HB4482 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Family law; child custody; requirement to file motion for change of custody or parenting time order when parent is called to active military duty; modify. Amends sec. 2 of 1970 PA 91 (MCL 722.22). TIE BAR WITH: HB 4071'15, SB 0009'15
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-06-10 - Assigned Pa 51'15 With Immediate Effect [HB4482 Detail]
Download: Michigan-2015-HB4482-Introduced.html
HOUSE BILL No. 4482
April 21, 2015, Introduced by Rep. Kesto and referred to the Committee on Judiciary.
A bill to amend 1970 PA 91, entitled
"Child custody act of 1970,"
by amending section 2 (MCL 722.22), as amended by 2005 PA 327.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a)
"Active military duty" means when a reserve unit member or
national
guard unit member is called into active military duty.that
term as defined in section 101 of the servicemembers civil relief
act, 50 USC 511, except that "active duty" includes full-time
national guard duty.
(b) "Agency" means a legally authorized public or private
organization, or governmental unit or official, whether of this
state or of another state or country, concerned in the welfare of
minor children, including a licensed child placement agency.
(c) "Attorney" means, if appointed to represent a child under
this act, an attorney serving as the child's legal advocate in a
traditional attorney-client relationship with the child, as
governed by the Michigan rules of professional conduct. An attorney
defined under this subdivision owes the same duties of undivided
loyalty, confidentiality, and zealous representation of the child's
expressed wishes as the attorney would to an adult client.
(d) "Child" means minor child and children. Subject to section
5b of the support and parenting time enforcement act, 1982 PA 295,
MCL 552.605b, for purposes of providing support, child includes a
child and children who have reached 18 years of age.
(e) "Deployment" means the movement or mobilization of a
servicemember to a location for a period of longer than 60 days and
not longer than 540 days under temporary or permanent official
orders as follows:
(i) That are designated as unaccompanied.
(ii) For which dependent travel is not authorized.
(iii) That otherwise do not permit the movement of family
members to that location.
(iv) The servicemember is restricted from travel.
(f) (e)
"Grandparent" means a
natural or adoptive parent of a
child's natural or adoptive parent.
(g) (f)
"Guardian ad litem" means
an individual whom the court
appoints to assist the court in determining the child's best
interests. A guardian ad litem does not need to be an attorney.
(h) (g)
"Lawyer-guardian ad
litem" means an attorney appointed
under section 4. A lawyer-guardian ad litem represents the child,
and has the powers and duties, as set forth in section 4.
(i) (h)
"Parent" means the
natural or adoptive parent of a
child.
(j) (i)
"State disbursement unit"
or "SDU" means the entity
established in section 6 of the office of child support act, 1971
PA 174, MCL 400.236.
(k) (j)
"Third person" means an
individual other than a
parent.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No. 9.
(b) House Bill No. 4071.
