Full question:
I am a 16-year-old boy living in Michigan. I have been living with my maternal uncle since the death of my parents. I wish to move out of my uncle’s care and be independent. What all are the requirements for filing for emancipation in Michigan?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Michigan
Answer:
A minor or an individual under the age of 18 can release himself/herself from the care and control of a parent or guardians when he/she is legally emancipated. There are various ways by which a minor can be emancipated. It can be done by the operation of law or by filing a petition with the correct documents. The laws on emancipation are provided under Mich. Comp. Laws §§ 722.1 to 722.6.The process for emancipation starts with the minor, who is at least 16 years of age, filing a petition seeking emancipation and showing the court that he can support himself and manage on his own. Along with the petition, the child must also submit an affidavit by someone who is close the child, which states that the child’s emancipation would be in his best interests. The copy of the petition is then served to the parents/guardian and a hearing would be held.
The statute elaborating on the procedure for emancipation is Mich. Comp. Laws §§ 722.4a and it states as follows:
“(1) A minor seeking emancipation shall file a petition for emancipation in the family division of circuit court in the county where the minor resides. The petition shall be signed and verified by the minor, and shall include all of the following information:
(a) The minor's full name and birth date, and the county and state where the minor was born.
(b) A certified copy of the minor's birth certificate.
(c) The name and last known address of the minor's parents, guardian, or custodian.
(d) The minor's present address, and length of residency at that address.
(e) A declaration by the minor indicating that he or she has demonstrated the ability to manage his or her financial affairs. The minor may include any information he or she considers necessary to support the declaration.
(f) A declaration by the minor indicating that he or she has the ability to manage his or her personal and social affairs. The minor may include in this section any information he or she considers necessary to support the declaration.
(2) The petition shall include an affidavit by any of the following individuals declaring that the individual has personal knowledge of the minor's circumstances and believes that under those circumstances emancipation is in the best interests of the minor:
(a) Physician.
(b) Nurse.
(c) Member of the clergy.
(d) Psychologist.
(e) Family therapist.
(f) Certified social worker.
(g) Social worker.
(h) Social work technician.
(i) School administrator.
(j) School counselor.
(k) Teacher.
(l) Law enforcement officer.
(m) Duly regulated child care provider.
(3) A copy of the petition and a summons to appear at the hearing shall be served on the minor's parents or guardian. A notice of hearing shall be sent to the individual who provided the affidavit required under subsection (2).”
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.
