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Operating While Intoxicated

MCL 257.625(1) states, “A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles,… Read More
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Divorce and Income Tax Returns

In the case of Butler v. Simmons-Butler, decided on 18 November 2014, the Michigan Court of Appeals held that the trial court can order a party to file a joint income tax return (original or amended) if such an order is in the best interests of the m… Read More
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Child Custody: Child's Reasonable Preference

In the case of Kubicki v. Sharpe (decided 28 August 2014), the Michigan Court of Appeals found that the trial court had erred by not considering the minor child’s reasonable preference pursuant to MCL 722.23(i). The circuit court had held, “Th… Read More
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Enforcing Your Judgment of Divorce: When is it too late?

In the case of Peabody v. Dimeglio (decided 12 August 2014), the Michigan Court of Appeals held that because the parties’ separation agreement was only incorporated by reference into, and not merged with, the final judgment of divorce, the applicab… Read More
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How to Plan Your Estate Without Uncapping Property Taxes

In the case of Anderson v. Township of Chocolay, Docket No. 433005 (18 December 2013), the Michigan Tax Tribunal held that neither a transfer of property from a trust into an individual enhanced life estate, nor from an individual holder of an enhanc… Read More
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Estate Planning: Can a Trust Beneficiary Devise His Interest?

In The Case Of In Re Estate Of Herbert Trust, The Michigan Court Of Appeals Held That A Trust Beneficiary Can Devise His Vested Interest In The Trust To His Wife By Means Of His Last Will And Testament. In This Case, The Settlor Funded A Trust For … Read More
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Family Law: Where do People Live?

In Grange Ins Co of Michigan v Lawrence, the Michigan Supreme Court held that a child can have only one “domicile” but more than one “residence.” Quoting prior cases, the Court stated, For purposes of distinguishing “domicile” from “re… Read More
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Family Law: Grandparenting Time and Parental Rights

On 11 June 2013, in the case of Porter v. Hill, the Michigan Court of Appeals held that terminating a parent’s parental rights also terminates the grandparents’ right to grandparenting time. Under the Child Custody Act of 1970, grandparents deriv… Read More
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Operating While Intoxicated

On 9 May 2013, the Michigan Vehicle Code was amended to increase the minimum bodily alcohol content, BUT the amendment will not take effect until 1 October 2018. According to MCL 257.625, The BAC constituting “operating while intoxicated” will in… Read More
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Categories: Blog

Termination of Parental Rights

On 9 May 2013, the Michigan Court of Appeals decided the case of In re Moss, which clarifies the two main burdens of proof required for the termination of parental rights. According to MCL 712A.19b(3), the court may terminate parental rights if it f… Read More
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