Providing Reliable Solutions for Every Type of Case

Clarkston Law Blog

Clarkston Legal

Bill Requires Warrant for PBT for Under 21

Over the years, we have had many clients, most of them college students, submit to a randomly administered preliminary breath test. Often, these people are caught-up in the alcohol sweeps on college campuses.

Clarkston Legal

Child Custody Motions Must Be Properly Labeled

The Michigan Court of Appeals has considered a number of family law cases this term, including the case of John Lieberman and Kimberly Orr.

Clarkston Legal

Tri-Custody: Shared Custody with Three Parents

Shared custody arrangements often arise in some non-traditional families. For example, a tri-custody arrangement is a child custody arrangement between three people: a father, his wife and the biological mother of the minor child.

Clarkston Legal

When a Divorced Parent Wants to Move Out-Of-State

One of the most difficult situations in divorce is when one parent plans to move out-of-state with the children. Without a family court judge’s approval, a change of domicile is disallowed.

Clarkston Legal

Genesee Circuit Court’s ADAPT Program Gains Ground

On November 14, 2014, Judge Richard Yuille signed an order implementing the ADAPT Pilot Program in Genesee County. ADAPT is the shortened name for a program officially known as Acquiring DNA and Paternity Timely.

Clarkston Legal

Michigan Legislature Proposes Parity in Parenting Schedule

Some time ago, Rep. Jim Runestad [R-White Lake] introduced legislation -known as HB 4141– that would create a presumption of joint custody in any dispute between parents.

Clarkston Legal

Michigan Supreme Court Considers Parents’ School Dispute

The Michigan Supreme Court addresses a child custody school dispute involving minor children. This post discusses the procedural implications of the anticipated ruling.

Clarkston Legal

Family Court Judge Cannot “Rubberstamp” FOC Child Custody Recommendation

Many county family courts provide various methods for Friend of the Court evaluation and recommendation in child custody disputes.

Clarkston Legal

Adultery Still Affects Alimony

In one of its first published opinions of the year, the Michigan Court of Appeals ruled that an extramarital affair can affect an alimony award in divorce proceedings that go to trial.

Clarkston Legal

New Law Reduces MIP to Civil Infraction

“Kids will be kids” goes the old adage. Many of us find it difficult to describe the poor decision making, and sometimes outright stupidity, displayed by our youth.

Clarkston Legal

THC Limits Sought for Drivers Using Marijuana

Despite the marijuana momentum over the past few election cycles, there are some ominous clouds on the horizon for marijuana users, both medical and recreational. Along with a host of other year-end statutes, Governor Snyder recently signed the Impaired Driving Safety Commission Act, a bill sponsored by Rep Pete Lucido [R Shelby Township].

Clarkston Legal

‘Homes for The Aged’ Get a Few Dozen Liquor Licenses

This post examines new legislation that calls for the issuance of limited liquor licenses for certain ‘homes for the aged’. These are licensed facilities restricted to residents over the age of 62.

Clarkston Legal

Dower Abolished in Michigan

As a direct result, Michigan real estate transfers just became less complicated thanks to the efforts of Senator Rick Jones, the sponsor of Senate Bills 0558, 0559, and 0560.

Clarkston Legal

Appeals Court Clarifies Marijuana Transportation Law

This post highlights a case decided last week by the Michigan Court of Appeals that involves the intersection of the Michigan Medical Marijuana Act and the Marijuana Transportation Act.

Clarkston Legal

Parenting Time Coordinators in Family Court

In high-conflict divorce cases with minor children, one of the most heated issues is parenting time. Daily routines, recreational activities, discipline, and health care management are often disputed between parents.

Clarkston Legal

Social Host Liability and The Holidays

This holiday season, be careful if you invite people to your home and plan to serve alcoholic beverages. Here is a summary of social host liability in Michigan and a few useful tips to keep your guests safe and avoid legal problems.

Clarkston Legal

Author Tom Clancy’s Estate Litigation Finally Concludes

Estate administration and trust litigation too often go hand-in-hand. This post explores the importance of proper estate planning.

Clarkston Legal

Michigan’s Sex Offender Registration Act Challenged in Federal Court

Is Michigan’s sex offender registration act [SORA] and its attendant registration requirements unconstitutional? A group of convicted sex offenders are working their consolidated cases through the federal court system in the Eastern District of Michigan to challenge the act.

Clarkston Legal

Child Custody: Paternal Grandmother vs Mother

This post examines child custody, grandparent visitation and the rights of a biological parent.

Clarkston Legal

Changes to The Michigan Child Support Manual

Beginning January 1, 2017, the formula used to calculate child support in Michigan will change. Approximately every four years, the State Court Administrator’s Office and the Friend of the Court Bureau work together to revise the formula.

Clarkston Legal

Medical Marijuana Changes in Michigan

Medical marijuana patients soon will have more legal options for treatment courtesy of the Michigan Senate. Last Thursday, in a break from typical procedure, the Senate pulled a few controversial plans from committee for consideration and a plenary Senate vote.

Clarkston Legal

Digital Estate Plans in Michigan

In the modern era, most people have dozens of electronic accounts making-up an electronic profile and creating a digital estate. What happens to your digital assets on death, or upon your incapacity?

Clarkston Legal

Saliva Drug Testing at The Roadside

For some time, we have been watching the development of roadside saliva drug testing for people suspected of driving under the influence of controlled substances like marijuana or cocaine. Two pieces of legislation passed this summer provides for a roadside drug testing.

Clarkston Legal

The Importance of An Expert Witness for The Defense

This post examines the importance of retaining an expert witness for the defense to secure a fair trial by Sixth Amendment standards. The post uses a recently decided case to highlight the issue.

Clarkston Legal

Family Dollar and 7-11 Stores to Accept Child Support Payments

Our law firm tracks innovations designed to improve payment of child support. Recently, a new child support program caught our attention.

Clarkston Legal

Family Pets Are Personal Property in Divorce

Pets are considered property in divorce, to be divided in the settlement agreement. If the parties do not agree on how the family pets are to be divided, family court judges take into account a variety of factors to make this difficult decision.

Clarkston Legal

No Parenting Time for Bio-Mom’s Same-Sex Partner

Despite marital equality, same-sex partners and parenting time pose significant problems for unmarried couples. Often, specific cases highlight the heartbreak that comes with uncertainty in the law.

Clarkston Legal

Teen-Age Assisted Suicide Texter to Stand Trial

Jeeze, sorry about that headline. Nothing, however, quite captures the spirit of our time as our teen-aged youth.

Clarkston Legal

Forensic Uncertainty and Drunk Driving

“Doubt is not a pleasant condition, but certainty is absurd.” –Voltaire This post asks, from a forensic standpoint, just how sure are you,

Clarkston Legal

Physician Orders for Life Sustaining Treatment

POLST is an end-of-life planning approach or outlook that emphasizes a dying or critically ill patient’s preference relative to the type of care they receive. The movement is sweeping the country and is currently under active consideration by the Michigan Legislature.