Parenting Time: Minor’s Alternating Domicile

In Home-Owners Ins. Co. v Frankenmuth Mutual Ins. Co., the Michigan Court of Appeals made clear that when a Family Court grants joint physical and legal custody (and parenting time is evenly divided) the minor child’s domicile alternates between parents. In this circumstance, and only in this instance, the minor child’s domicile would alternate between the parents so as to be the same as the parent with whom the minor child is living at the time. Therefore, for the purposes of determining the priority amongst potentially responsible insurers (where a custody order grants joint physical and legal custody), a minor is domiciled with the parent she is living with at the time of the accident.

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