Bill Text: MI SB0569 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Family law; child custody; child custody disputes that have been arbitrated; require courts to resolve in accordance with domestic relations arbitration provisions of the RJA. Amends sec. 4 of 1970 PA 91 (MCL 722.24).
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Engrossed - Dead) 2010-01-21 - Referred To Committee On Families And Children's Services [SB0569 Detail]
Download: Michigan-2009-SB0569-Engrossed.html
SB-0569, As Passed Senate, January 21, 2010
SUBSTITUTE FOR
SENATE BILL NO. 569
A bill to amend 1970 PA 91, entitled
"Child custody act of 1970,"
by amending section 4 (MCL 722.24), as amended by 1998 PA 482.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) In all actions involving dispute of a minor
child's custody, the court shall declare the child's inherent
rights and establish the rights and duties as to the child's
custody, support, and parenting time in accordance with this act
and, if the action is arbitrated under chapter 50b of the revised
judicature act of 1961, 1961 PA 236, MCL 600.5070 to 600.5082, in
accordance with that chapter.
(2) If, at any time in the proceeding, the court determines
that the child's best interests are inadequately represented, the
court may appoint a lawyer-guardian ad litem to represent the
child. A lawyer-guardian ad litem represents the child and has
powers and duties in relation to that representation as set forth
in section 17d of chapter XIIA of the probate code of 1939, 1939 PA
288, MCL 712A.17d. All provisions of section 17d of chapter XIIA of
the probate code of 1939, 1939 PA 288, MCL 712A.17d, apply to a
lawyer-guardian ad litem appointed under this act.
(3) In a proceeding in which a lawyer-guardian ad litem
represents a child, he or she may file a written report and
recommendation. The court may read the report and recommendation.
The court shall not, however, admit the report and recommendation
into evidence unless all parties stipulate the admission. The
parties may make use of the report and recommendation for purposes
of a settlement conference.
(4) After a determination of ability to pay, the court may
assess all or part of the costs and reasonable fees of the lawyer-
guardian ad litem against 1 or more of the parties involved in the
proceedings or against the money allocated from marriage license
fees for family counseling services under section 3 of 1887 PA 128,
MCL 551.103. A lawyer-guardian ad litem appointed under this
section shall not be paid a fee unless the court first receives and
approves the fee.
