The Right Connection - Legal Issues

MINORS

You and the Law - The eighth edition of the State Bar of Michigan’s “You and the Law” booklet may be purchased from the SBM website. This 36-page booklet is geared toward junior high and high school students and uses a reader-friendly question and answer format to present a basic picture of state and federal statutes and their impact on the teenage audience: driver’s licenses, employment, school, criminal offenses, and tobacco, alcohol, and drugs. The costs is $1.50 a copy; a PDF order form can be found athttp://www.michbar.org/publications/pdfs/pub_order.pdf.
  

ADULTS/YOUTH

Michigan Law for Everyone by Sherry A. Wells, J.D. is a book which provides information on landlord-tenant, contracts, real estate, divorce, juvenile law, guardianships, insurance, accidents, unemployment, small claims courts, wills and probate, business law, workers compensation, how to find an attorney, attorney fees, examples of laws and legal forms. Available at bookstores.

Free civil legal advice and representation for eligible clients (low or moderate income, U.S. citizen or legal residents.  Available from Legal Aid and Defender Association, Macomb County office.  Toll-free number: (877) 964 -4700.  Online applications are posted on their website: www.ladadetroit.org. 

Legal Aid and Defender Association, Macomb County office. Toll-free number: (877) 964-4700.  www.ladadetroit.org Online applications are posted at: http://www.ladadetroit.org/intake_legalhelp.php

Lakeshore Legal Aid (888) 783-8190 Mon., Wed., & Thu: 9:00 A.M. - 5:00 P.M. Wed.: 9:00 A.M. - 6:00 P.M. Fri: 9:00 A.M. - 1:00 P.M. Intake is done on their toll-free Counsel and Advocacy Law Line (above). www.lakeshorelegalaid.org

Low cost walk-in clinic provides a walk-in only legal clinic on Tuesday evenings starting at 6:30 P.M. and Thursday at 11:00 A.M. on a first-come, first-serve basis, no appointments are necessary. Attorneys volunteer their services to give "advice only". A donation of $5.00 or more is requested but not mandatory. Available from Common Ground in Bloomfield Hills, whose services are not restricted by County. Call (248) 456-8150 or toll free at (800) 231-1127 for more information; or visit their website at: www.commongroundhelps.org

The Macomb County Bar Association Legal Referral Services provides a referral to a lawyer. For more information call (586) 468-8300 or go to http://macombbar.org/displaycommon.cfm?an=1&subarticlenbr=276. 

Online help is to handle legal problems without a lawyer. The website can help you learn about the legal problems and get ready for court. There are many Do-It-Yourself tools to create court forms. This website does not give legal advice, and it is not a substitute for having a lawyer. If you need more help, search the website for a lawyer, community services, or a Self-Help Center nearby. The website does not cover all areas of law. Chat on Live Help from 11:00 A.M. - 3:00 P.M. Available from MichiganLegalHelp.org

Youth under the age of 18 must have parental consent to enter into a marriage contract in the state of Michigan. If the youth is less than 15 years of age, he/she and his/her parent must go to Probate Court to start the process.

If the youth is under 15 and does not have parental consent or only one parent's consent, he/she must apply for a secret marriage license. A hearing date is set, approximately 14 days later. The parents are notified of the hearing and may give testimony. The judge's decision is based on the    circumstances of the situation and testimony.

If the youth is under 15 and has both parent's consent, he/she applies for a secret marriage license and a hearing date may be set for that day. The judge's decision is based on the circumstances of the situation and testimony.

If the youth is aged 16-18, he/she must have parental consent to get married. They begin the process by going to the County Clerk Office, 1st Floor, Court Building in Mt. Clemens (586) 469-5749 with their custodial parent to apply for a marriage license. The youth must bring in a certified copy of their birth certificate. The parent must bring in their own picture identification (preferably a driver's license) and must sign a parental consent form in order for the youth to apply for the marriage license.

At least one applicant must appear to apply for a marriage license and show proper photo identification (driver's license). If one of the people who wishes to get married is underage, then the one who is underage must come in person to apply for the marriage license and bring a birth certificate.

For more information, call the Macomb County Clerk's Office, 40 N. Main, Mt. Clemens (586) 469-5120.  http://clerk.macombgov.org/Clerk-Home

In accordance with Michigan law [MCL 28.292(14)], the Michigan Department of State (MDOS) waives the fees for a State of Michigan Personal Identification Card (PID) for applicants who present good cause. The statute includes four instances of good cause: individuals 65 or over; those who are legally blind; those who wish to add or remove a heart insignia; and drivers whose licenses have been suspended because of a physical or mental disability. The statute also allows the fee to be waived for "a person who presents other good cause for a fee waiver."

MDOS has identified four instances, in addition to the four statutorily mandated instances, of good cause in which it will waive the $10 PID fee in accordance with MCL 28.292(14)(d): 

MDOS will waive the $10 PID fee for individuals who provide documentary evidence specified by MDOS demonstrating that the applicant is currently receiving benefits from one of the following programs:

• Michigan Department of Health and Human Services
• Michigan Department of Health and Human Services State Disability Assistance (SDA)
• Social Security Administration Social Security Disability Insurance Program (SSDI)
• Social Security Administration Supplemental Security Income Program (SSI)

To apply, go to your local Secretary of State office.

A divorce case is started by filing a complaint for divorce in the circuit court. The person may file in the circuit court for the county where he/she lives or in the county where the spouse lives, if they are separated.

Either spouse must have resided in the county where he/she files for at least ten days immediately before filing. Also, there is no such thing as filing jointly for divorce; one spouse must be the filing party (plaintiff).

For more information on divorce, download the article “The Initial Consultation with Your Divorce Attorney: What to Expect When You Don’t Know What to Expect” posted at: 

https://www.bankrifkinlaw.com/wp-content/uploads/2016/02/divorce-attorney-initial-consultation-what-to-expect.pdf

Information on stalking and Personal Protection Orders (PPOs) is available online at:  http://clerk.macombgov.org/Clerk-Services-PPOAssistance

Emancipation provides legal independent status to some underage youth. By law in Michigan, youth aged 16 or older may file for emancipation. It is a legal process where the youth must demonstrate the ability to accept adult responsibilities. Start by contacting Juvenile Court, (586) 469-5412 for information on the law and its criteria. Criteria for emancipation include:

• Demonstrated ability to support self (must provide proof of support)

• Ability to accept/handle adult responsibilities, i.e., sign legally-binding contracts

• A required written affidavit from a professional person (teacher, nurse, minister, counselor, probation officer, etc. ) attesting to youth's ability to act in a mature manner.

• Providing a birth certificate

The process takes about 3-4 weeks once the petition is filed. This is a legal process where the decision is made based on facts presented to the court. Parents may participate, though their input is generally in the form of a statement to the court. While many teenagers seek information on emancipation, much fewer actually meet the criteria and follow through with the petition. Parents cannot file for emancipation of their children. For more information or for an appointment, call Macomb County Juvenile Court, (586) 469-5240.

Persons under the age of 18 cannot be legally bound by written and/or verbal contracts unless emancipated.

Information and help in filing for Michigan Crime Victim Compensation, help in obtaining emergency services (e.g., food, housing, clothing); referrals to other community agencies; information on how the Court works and the status of a particular case; accompany victim to Court when requested; provide assistance in returning personal property to victims; and provide an opportunity to express feelings about their case to the judges at the time of sentencing. Available from Prosecuting Attorney's Office - Crime Victims Rights Unit, (586) 469-5675.  For more information, go to:  https://prosecutor.macombgov.org/Prosecutor-VictimsRights

Curfews vary according to various districts throughout the County. Enforcement varies depending on conditions, e.g., curfews are more strenuously enforced on Devil's night in most areas. Macomb County curfews:

Center Line	13 and under	10:00 P.M.
	14 - 18	12:00 midnight
Chesterfield Twp.	12 and under	10:00 P.M.
	16 and under	11:00 P.M.
Clinton Twp.	11 and under	10:00 P.M.
	12 -16	Midnight
Eastpointe	12 and under	10:00 P.M.
	17and under	11:00 P.M.
Fraser	15and under	10:00 P.M. in winter, 11 P.M. in summer
Mt. Clemens	16 and under	10:00 P.M.weekdays  10:30 weekends
New Baltimore	15 and under	12:00 midnight -  7:00 A.M.
New Haven	18 and under	10:00 P.M.weekdays 11:00 P.M.weekends
Richmond	16 and over	15 and under 11:00 P.M.
Romeo Village	14 and under	10:00 P.M./11:00 P.M. on Sat  & Sun.
	15-17	11:00 P.M./12:00 midnight on Fri. & Sat.
Roseville	16 and under	10:00 P.M.
St. Clair Shores	11 and under	10:00 P.M.- 6:00 A.M.
	12 - 16 year olds	12 midnight - 6:00 A.M.
Sterling Heights	11 and under	9:00 P.M.
	12-16 year olds	11:00 P.M.
Utica	Under 17	11:00 P.M.
Warren	16 and under	11:00 P.M.- 7:00 A.M. Weekends 10:00 P.M.- 7:00 A.M. Weekdays

Minors under 18 years of age must obtain a work permit or a written agreement or contract entered into between the employer and the governing school district, public school academy, or nonpublic before starting work. Work permits can be obtained from the state of Michigan school issuing officer (the chief administrator of a school district, intermediate school district, etc.) the minor attends or the school district where the minor will be employed. If the minor changes jobs, a new work permit is required for the new employer.  A work permit may be revoked for poor academic performance. A work permit is required even if the minor is home/cyber/virtual/online schooled, does not attend school, or out-of-state resident. For more information, go to:  http://www.michigan.gov/mde/0,4615,7-140-6530_2629_59590---,00.html

There is no specific legal age where a child can choose which parent they will live with. This decision is made based entirely on the circumstances of the particular situation. The court referee assigned to the case will generally attempt to get the parents together to make it a mutual decision, since they know their child and his/her needs best. In assessing the case, the referee primarily explores external indicators of a child's well being, i.e. school performance, etc.

The child's input varies according to the perceived level of maturity as opposed to the biological age of the child. For further information contact the Chief Referee at Macomb County Friend of the Court, (586) 469-5755 or https://foc.macombgov.org/FOC-CustodyOverview.

A confidential voluntary dispute resolution process where two people involved in a dispute meet face-to-face with the assistance of a neutral 3rd party. The mediator's role is not to make a judgment or decide who is right or wrong, but to assist in identifying the issues and generating options for settlement that is satisfactory for everyone involved. The fee varies by case type. Available from the Resolution Center of Macomb County, Mt. Clemens, (586) 469-4714.

Information on how to modify the order can be found at the following Friend of the Court website or call (586) 469-5160.  The website address is: http://foc.macombgov.org/FOC-ChildSupport

Michigan’s Child Passenger Safety Law is:

Children younger than age 4 ride in a car seat in the rear seat if the vehicle has a rear seat.  If all available rear seats are occupied by children under 4, then a child under 4 may ride in a car seat in the front seat.  A child in a rear-facing car seat may only ride in the front seat if the airbag is turned off.  Children must be properly buckled in a car seat or booster seat until they are 8 years old or 4-feet-9-inches tall. Children must ride in a seat until they reach the age requirement or the height requirement, whichever comes first.  This information is posted at : http://www.michigan.gov/msp/0,4643,7-123-72297_64773_22774---,00.html

It is best to have a car seat inspected by a Child Passenger Safety (CPST). CPS technicians and instructors use their knowledge and expertise to provide education and hands-on assistance to parents and caregivers. CPS Technicians and instructors also keep up-to-date on the latest technical information about child passenger safety through seminars and other continuing education opportunities. Assure that the person inspecting the car seat has this certification. For more information, go to https://cert.safekids.org/

Free car seat check by a certified child passenger technician are available by appointment only from:

Chesterfield Twp.	Chesterfield Twp. Fire Dept.  (Provided free to anyone, regardless of residency.	Call (586) 725-2CFD to schedule an appointment
Clinton Twp.	Macomb Co. Health Dept. (Car seat inspections year-round. Inspections are done by appointment only from Monday - Friday.  Certified Child Passenger Safety Technicians will  answer questions or inspect car seats.  To  schedule an  appointment or for more information on child passenger safety, call Erika Lojko (586) 412-3394 Email:  erika.lojko@macombgov.org	(586) 412-3394	http://health.macombgov.org/Health-Programs-HPDC-ChildPassengerSafety The Health Department website has downloadable copies of Child Passenger Safety Fact Sheets, free and printable; basic need-to-know information on all stages of car seats and the different methods used to install car seats.
Fraser	Traffic Safety Association (Child restraint inspections are provided at the facility at no charge to M acomb County residents upon request.)	(586) 293-5880
Fraser Public Safety	(586) 293-1425 (Temporarily not offering item)	(586) 293-2000 http://www.ci.fraser.mi.us
Macomb Twp.	Macomb Twp. Fire Dept. (The MTFD offers free child safety seat checks. A trained technician will provide education and assistance on proper safety seat installation. By appointment only. Call 586-286-0027 to make your appointment.)	(586) 286-0027 ext. 2302	https://www.macomb-mi.gov/faq.aspx?qid=107
Mt. Clemens	Macomb Co. Sheriff’s Dept. (Child seat safety checks and installations, between 7:00 - 10:00 P.M. by appointment only.  Participants are asked to bring the following items to  the inspection: • Vehicles owner’s manual • Car Seat owner’s manual • If possible, the child that will be   “properly secured”   in the safety seat.  Allow 30 minutes   for the installation and safety check   process.)	(586) 307-9540 to schedule an appointment.	http://www.macombsheriff.com/index.php?opti on=com_content&task=view&id=162&Itemid=4 29
New Baltimore	New Baltimore Police Dept. (Car seat inspections are performed by the Macomb County Health Department technicians onsite by appointment only on the last Thursday of the month from 2:00 - 5:00 P.M. (586) 412-3398)	(586) 725-2181
New Haven	New Haven Police Dept. (By appointment only. Officer will call back to make appointment.)	(586) 469-7744	No information on care seat inspections is on their website.
St. Clair Shores	St. Clair Shores Police Dept. (St. Clair Shores residents only and by appointment)	(586) 445-5311 ext. 2	No information on car seat inspections is on their website.