07/22/2026
Michigan's Highest Court Just Changed the Rules on Kids, Car Insurance, and Custody Orders
If you're divorced and share custody of your children, this new Michigan Supreme Court decision matters to you. The court's opinion arose with an interesting ruling about the ways a child's domicile should be determined. The interesting part is that the underlying case involved Michigan's automobile no fault law.
Today, in Frownfelter v Esurance Property & Casualty Insurance Co, the Michigan Supreme Court overruled a 2013 case called Grange Ins Co of Mich v Lawrence. Under Grange, courts were required to treat a custody order as the final word on where a child was "domiciled" — meaning the parent named in the order determined which parent's car insurance had to cover the child in an accident, even if that's not where the child actually spent most of their time.
This case shows exactly why that rule caused problems. McKenna Frownfelter's parents divorced in 2011, and their custody order gave them a 50/50 split. But over the years, without ever changing the paperwork, she ended up spending about 75% of her time at her mom's house. When she was badly injured in a car accident leaving her dad's house one morning, the insurance companies fought over who was on the hook — and the lower courts sided with the old paper order instead of reality.
The Supreme Court said that's not good enough. Going forward, a custody order is just a starting point. Courts now have to look at the real facts: where the child actually spends most of their time, where they actually sleep most nights, and other practical factors — not just what a years-old court order says.
What does this mean for you? If your actual parenting time schedule doesn't match your custody order anymore, that mismatch could create real insurance headaches for your family down the road. It's worth having your order reviewed to make sure it reflects your current reality.
Questions about your custody order or how it might affect your family? We're here to help. KronzekFirm.com