February 5, 2004, Introduced by Reps. Bradstreet, Voorhees, Nitz, Stahl, Hager, Hummel, DeRossett, Vander Veen, Kooiman, Drolet and Hoogendyk and referred to the Committee on Judiciary.
A bill to amend 1846 RS 84, entitled
"Of divorce,"
by amending section 45 (MCL 552.45).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 45. (1) Every bill of complaint filed shall set forth
2 the names and ages of all children of the marriage, and when
3 there are children under 17 years of age a copy of the summons
4 issued in the cause shall
be served upon the the prosecuting
5 attorney friend of the court of the county where suit
is
6 commenced , or upon
the friend of the court in those counties
7 having a population of
500,000 or more which have a friend of the
8 court. The
prosecuting attorney or The
friend of the court so
9 who is served shall enter
his an appearance in the cause. ,
10 and when, in his If, in the friend of the court's judgment, the
11 interest of the children
or the public good so requires, he the
1 friend of the court shall introduce evidence and appear at the
2 hearing and oppose the
granting of a decree judgment of
3 divorce. In any case
wherein there are no children the issue of
4 such marriage under
the age of 17 years, when it shall appear to
5 the court that the
public good so requires, an order may be
6 entered requiring the
prosecuting attorney or friend of the court
7 in counties having a
population of 500,000 or more to appear and
8 oppose the granting of
a decree of divorce. For every case
9 which that the prosecuting attorney friend
of the court
10 investigates, and in
which he appears by and with the consent
11 of the court, he the
friend of the court shall receive the sum
12 of $5.00, to be paid by the county treasurer upon the certificate
13 of the circuit judge that
such the services have been
14 performed. Nothing
in this act contained shall be construed as
15 preventing prosecuting
attorneys or their partners from acting as
16 solicitors or counsel
for either party to the suit. If a
17 prosecuting attorney
or friend of the court is in any way
18 interested as
solicitor or counsel for either of the parties the
19 court shall appoint
some reputable attorney to perform the
20 services of
prosecuting attorney, as provided in this act, who
21 shall receive the
compensation provided for such service. The
22 friend of the court shall file with the court, and, upon the
23 request of a party, provide to the party, a determination of the
24 interests of the child and the public good.
25 (2) The friend of the court shall annually provide a report
26 to the state court administrative office. The report shall state
27 the following information:
1 (a) The number of appearances filed with the court.
2 (b) The number of children involved in each appearance.
3 (c) The number of divorces that were opposed as not in the
4 interests of the child.
5 (d) The number of divorces that were opposed as not in the
6 interests of the public good.
7 (3) As used in this section, "interests of the child" means
8 the sum total of the following factors to be considered,
9 evaluated, and determined by the friend of the court:
10 (a) If a divorce is likely to do any of the following:
11 (i) Improve, maintain, or diminish the love, affection, and
12 other emotional ties existing between the parties involved and
13 the child.
14 (ii) Improve, maintain, or diminish the capacity and
15 disposition of the parties involved to give the child love,
16 affection, and guidance and to continue the education and raising
17 of the child in the child's religion or creed, if any.
18 (iii) Improve, maintain, or diminish the capacity and
19 disposition of the parties involved to provide the child with
20 food, clothing, medical care, or other remedial care recognized
21 and permitted under the laws of this state in place of medical
22 care and other material needs.
23 (iv) Upset a stable, satisfactory environment.
24 (v) Result in a suitable living arrangement for the child
25 involved.
26 (vi) Improve, maintain, or diminish the mental and physical
27 health of the parties involved.
1 (vii) Improve, maintain, or diminish school and community
2 record of the child.
3 (viii) The willingness and ability of each of the parents to
4 facilitate and encourage a close and continuing parent and child
5 relationship between the child and the other parent.
6 (ix) Reduce domestic violence or mental anguish of any of the
7 parties involved.
8 (b) The preference of the child, if the friend of the court
9 considers the child to be of sufficient age to express a
10 preference.
11 (c) Any other factor considered by the friend of the court to
12 be relevant to a particular child.