CHILD CUSTODY: ACTIVE MILITARY DUTY H.B. 5100 (S-2): FLOOR ANALYSIS
House Bill 5100 (Substitute S-2 as reported)
Sponsor: Representative Rick Jones
House Committee: Family and Children Services
Senate Committee: Judiciary
CONTENT
The bill would amend the Child Custody Act to specify that, if a motion for change of a child's custody were filed during the time a parent was in "active military duty", the court could not enter an order modifying or amending a previous judgment or order, or issue a new order, that changed the child's placement that existed on the date the parent was called to active military duty, although the court could enter a temporary custody order if there were clear and convincing evidence that it was in the best interest of the child. Upon a parent's return from active military duty, the court could not consider a parent's absence due to that military duty in a best interest of the child determination.
The bill is tie-barred to Senate Bill 714, which would amend the Act to specify that "active military duty" would mean when a reserve unit member or National Guard unit member is called into active military duty.
MCL 722.22 & 722.27 Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 11-2-05 Fiscal Analyst: Stephanie Yu
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb5100/0506