Full question:
If I live in Michigan with my father, in a terrible situiation, but my mother has sole legal/physical custody in Ilinois, can I leave and live elsewhere in Michigan without my mother retrieving me?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Michigan
Answer:
In general, parents have custody rights over their child until the child turns eighteen or is legally emancipated. If your mother has sole legal and physical custody, you are typically required to live with her, unless a court order states otherwise. In Michigan, both parents of an unemancipated minor have equal rights to custody and control, but if one parent is providing for the child exclusively, that parent has the primary right to control the child's services and earnings (Mich. Comp. Laws § 722.2).
To become emancipated before turning eighteen, you must file a petition in the family division of the circuit court in your county. This petition needs to include your personal information, a certified copy of your birth certificate, and declarations showing your ability to manage your financial and personal affairs. Additionally, an affidavit from someone who knows your situation and believes emancipation is in your best interest is required (Mich. Comp. Laws § 722.4a).
If the court grants emancipation, you will have the rights and responsibilities of an adult, including the ability to live independently and make decisions without parental consent (Mich. Comp. Laws § 722.4e).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.