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AAA loses fight over emancipated child's residency

On many occasions, Michigan Courts have recognized that determining the domicile of a "young adult in transition" can be very difficult.  Roxana Tolar is a case in point.  She caused a motor vehicle collision that killed Philip Carl Gunther, while borrowing her sister's car.  In the weeks preceding the collision, she had returned from Louisiana, where she had attempted to establish herself, and was sleeping on her parents' floor.  She had unlimited access to the amenities of the household and used it as her mailing address.  She also kept clothing and her cat at the home, and her folks provided her with minimal cash support and transportation. 

She was waiting to move to a new apartment, when her brother-in-law left town for two weeks and Roxana stayed with her sister to help with the care of her nephew. It was during this stay that Roxana caused the collision.  Anaylzing all of the facts, the Court concluded that the trial court had been correct in concluding that Roxana's "domicile" was with her folks during this period.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
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