Family law: child custody; verified affidavit in custody orders; require. Amends sec. 209 of 2001 PA 195 (MCL 722.1209).

2023-2024 Regular Session Introduced by Stephanie Young

The bill requires attached sworn statements in interstate child custody cases to be verified under Michigan Court Rules, clarifying oath requirements and improving verification whi

REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS

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HB 5998 — Summary (Family law: child custody; verified affidavit in custody orders)

Status: Introduced Sept. 26, 2024; passed House Dec. 10, 2024 (Roll Call #407 — Yeas 98, Nays 10); referred to Committee on Government Operations (12/18/24) and subsequently to Joint Committee on Finance, Revenue and Bonding (1/22/25). Bill would amend section 209 of the Uniform Child-Custody Jurisdiction and Enforcement Act (MCL 722.1209).

Purpose / Intent

Clarify and change the formality required for the initial disclosures in interstate or otherwise governed child-custody proceedings under the Act by (1) requiring that an attached sworn statement be verified pursuant to Michigan Court Rules and (2) adjusting the “under oath” requirement applicable to pleadings and statements. The change seeks to standardize verification practice and address confidentiality concerns when parties allege safety risks.

Key provisions

Amends MCL 722.1209 to modify requirements for the first pleading or an attached sworn statement in a child-custody proceeding.

Requires that an attached sworn statement be “verified pursuant to Michigan Court Rules.”

Alters the current “under oath” language:

As described in legislative analyses, the bill removes the “under oath” requirement for both the pleading and the sworn statement but makes the attached sworn statement subject to verification under Michigan Court Rules.
For the statutory exception governing sealing of identifying information (when disclosure would endanger a party or child), the bill retains a requirement that a pleading be made under oath while requiring the sworn statement to be verified under Michigan Court Rules.

Maintains existing substance of required disclosures: child’s present address (if reasonably ascertainable), places child lived in last 5 years, names and addresses of persons with whom the child lived, participation in other custody proceedings, and identification of other proceedings that could affect the case.

Gives the court authority to stay proceedings for failure to furnish required information and to examine parties under oath about jurisdictional details.

Continues the duty of parties to inform the court of related proceedings in other states.

Enacting section (as passed by the House) specifies the act takes effect 90 days after it is enacted into law.

Who is affected

Parties to child-custody proceedings under the Uniform Child-Custody Jurisdiction and Enforcement Act (including cases that cross state lines).

Michigan trial courts, clerks, and court staff who process, verify, and potentially seal filings.

Individuals claiming confidentiality due to safety risks (e.g., domestic violence survivors) — sealing rules remain in place with verification/ oath distinctions preserved for those claims.

Procedural / fiscal aspects

Fiscal impact: no state fiscal impact; minimal, if any, local court impact depending on verification-related administrative costs.

Support: testimony/support noted from the Office of Child Support, Court Association, and Family Law of Michigan (committee report, 11/12/24).

Next steps: under consideration in assigned committees; final effective date will be 90 days after enactment into law if enacted.

(Primary reference: H.B. 5998, amending MCL 722.1209; House Fiscal Agency analyses and committee report.)