January 9, 2008, Introduced by Rep. Sak and referred to the Committee on Judiciary.
A bill to amend 1846 RS 84, entitled
"Of divorce,"
(MCL 552.1 to 552.45) by adding section 22a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 22a. (1) The plaintiff in an action for annulment,
divorce, or separate maintenance shall state in the complaint the
species of each pet of the parties, when the pet was acquired, and
whether the parties have a written agreement for the placement of
the pet. If there is a written agreement, the plaintiff shall
attach the agreement to the complaint.
(2) A party to an action for annulment, divorce, or separate
maintenance may request the court to determine the placement of a
pet of the parties. Except as provided in subsection (5), the court
shall order placement of the pet as provided in a written agreement
of the parties.
(3) If a party to an action for annulment, divorce, or
separate maintenance requests the court to determine the placement
of a pet of the parties and the parties do not agree to the pet’s
placement or subsection (5) applies, the court may order placement
with 1 of the parties or that the pet be surrendered to a local
humane society or other similar animal care facility designated by
the court. The court shall not order that the parties share
placement of a pet unless the parties have filed a written
agreement for shared placement with the court. If the court orders
that the pet be surrendered, the court shall require that the
parties submit evidence to the court that the pet has been
surrendered.
(4) If a court orders shared placement of a pet under
subsection (2) and 1 of the parties moves or intends to move to a
location that would make it impractical for the placement
arrangement to continue, a party may file a motion to modify the
placement order. Except as provided in subsection (5), the court
shall modify the placement order as provided in a written agreement
of the parties. If the parties do not agree to a modified placement
arrangement or subsection (5) applies, the court may order
placement as provided in subsection (3).
(5) In an action for annulment, divorce, or separate
maintenance, the court may not order placement of a pet with a
party who has been subject to a personal protection order under
section 2950 or 2950a of the revised judicature act of 1961, 1961
PA 236, MCL 600.2950 and 600.2950a.
(6) A written agreement under this section may be amended by
the parties in writing.
Enacting section 1. This amendatory act applies to actions for
annulment, divorce, or separate maintenance commenced on or after
the effective date of this amendatory act.