2005 Senate Bill 714 / Public Act 327

Ban military duty absence as grounds for child custody decision

Introduced in the Senate

Aug. 31, 2005

Introduced by Sen. Patricia Birkholz (R-24)

To prohibit a court in a child custody dispute from considering a military reservist or national guard member’s absence while called to active duty when making the “best interest of the child” determination that is the basis on which custody decisions are made. A court could not make an initial child custody ruling or alter an existing one based on the active duty military parent’s separation from the child, and could not make a “permanent custodial environment” determination until the soldier has returned from duty. The bill was introduced after a child custody dispute involving National Guard Spc. Joe McNeilly, an Iraq war veteran.

Referred to the Committee on Judiciary

Nov. 2, 2005

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Nov. 3, 2005

Substitute offered

To replace the previous version of the bill with one that makes this bill the "vehicle" for the definition of the "active military duty" referred to in the original bill. The substance of the original version is now in House Bill 5100.

The substitute passed by voice vote

Nov. 8, 2005

Passed in the Senate 37 to 0 (details)

To define the "active military duty" referred to in the original bill. The substance of the original bill is now in House Bill 5100.

Received in the House

Nov. 8, 2005

Referred to the Committee on Families and Childrens Services

Dec. 7, 2005

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Dec. 13, 2005

Passed in the House 107 to 0 (details)

To define the "active military duty" referred to in the original bill. The substance of the original bill is now in House Bill 5100.

Signed by Gov. Jennifer Granholm

Dec. 22, 2005