2004 House Bill 5472 / Public Act 376

Revise "interests of the child" determination in divorce

Introduced in the House

Feb. 5, 2004

Introduced by Rep. Ken Bradstreet (R-105)

To transfer from the prosecuting attorney to the Friend of the Court office the duty to issue an official opinion in divorce cases where there are minor children as to whether the divorce is not “in the interest of the child or the public good.” The bill would also establish in law an extensive list of factors which are to be considered in defining the interests of the child. The bill is part of a legislative package comprised of House Bills 5467 to 5474. Senate Bills 959 to 966 are the same bills.

Referred to the Committee on Judiciary

May 6, 2004

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

May 19, 2004

Substitute offered

To replace the previous version of the bill with one that makes optional the service of a summons on a prosecuting attorney or the Friend of the Court office in divorce cases, and strips out the extensive list of factors defining the interests of the child that the original bill proposed placing in statute.

The substitute passed by voice vote

Passed in the House 81 to 27 (details)

To make optional an requirement in current law that a copy of the summons in a divorce case with children must be served on either the prosecutor or the Friend of the Court (FOC). Also, to eliminate a requirement that the county treasurer pay the prosecuting attorney $5 for each divorce case that he or she investigates.

Received in the Senate

May 20, 2004

Referred to the Committee on Families and Human Services

May 25, 2004

Referred to the Committee on Judiciary

Sept. 23, 2004

Reported without amendment

With the recommendation that the bill pass.

Sept. 29, 2004

Passed in the Senate 36 to 0 (details)

To make optional an requirement in current law that a copy of the summons in a divorce case with children must be served on either the prosecutor or the Friend of the Court (FOC). Also, to eliminate a requirement that the county treasurer pay the prosecuting attorney $5 for each divorce case that he or she investigates.

Signed by Gov. Jennifer Granholm

Oct. 11, 2004