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LdiJ

Senior Member
Read Michigan's law. There is no legal consequence IF the runaway is 17. Under the age of 17, there can be legal consequences.
You don't think that a judge could hold that parent in contempt for violating the custody orders? You don't think that they can get fined for it?
 

quincy

Senior Member
You don't think that a judge could hold that parent in contempt for violating the custody orders? You don't think that they can get fined for it?
No. Because the 17 year old is not doing anything illegal and neither parent can prevent the 17 year old from running away. However the court CAN hold a parent in contempt if they violate the child support order, so the parents of the runaway will want to go back to court to have the order modified and, perhaps, allow for the legal emancipation of their child.
 
No. Because the 17 year old is not doing anything illegal and neither parent can prevent the 17 year old from running away. However the court CAN hold a parent in contempt if they violate the child support order, so the parents of the runaway will want to go back to court to have the order modified and, perhaps, allow for the legal emancipation of their child.
The parent who has guardianship of the child however can not petition the child in any way? in order to get them back or in legal trouble?
 

quincy

Senior Member
The parent who has guardianship of the child however can not petition the child in any way? in order to get them back or in legal trouble?
Successfully? Not to my knowledge.

A 17 year old can legally drop out of school in Michigan. A 17 year old can legally run away from home. The police cannot legally compel the 17 year old to return home.

But, because a 17 year old is not legally an adult until the age of 18, the 17 year old cannot be held to (most) legal contracts, so they are unlikely to find a landlord willing to rent to them. And, if they have not graduated from high school, their employment opportunities are limited.
 

LdiJ

Senior Member
No. Because the 17 year old is not doing anything illegal and neither parent can prevent the 17 year old from running away. However the court CAN hold a parent in contempt if they violate the child support order, so the parents of the runaway will want to go back to court to have the order modified and, perhaps, allow for the legal emancipation of their child.
My initial response had nothing to do with any of that. My response was intended for a situation where a parent (or even a grandparent) might encourage a child to run away from the custodial parent to the other parent or grandparent. So I was talking about the non-custodial family members harboring the runaway and therefore violating the custody orders.
 

quincy

Senior Member
My initial response had nothing to do with any of that. My response was intended for a situation where a parent (or even a grandparent) might encourage a child to run away from the custodial parent to the other parent or grandparent. So I was talking about the non-custodial family members harboring the runaway and therefore violating the custody orders.
If the runaway is 17, there are no legal consequences.
 

LdiJ

Senior Member
If the runaway is 17, there are no legal consequences.
I am sorry, but I think that you are wrong. I think that violating the custody order is a separate matter from whether or not a 17 year old can run away. It is not a crime for a 17 year old to run away. However, family law matters are separate from criminal law matters. I believe that the parent encouraging the 17 year old to run away from the other parent's home can and will be held in contempt by the family court judge. The judge may not be able to make the 17 year old return to the custodial home but the judge can fine the heck out of the other parent for violating the custody orders.
 

quincy

Senior Member
I am sorry, but I think that you are wrong. I think that violating the custody order is a separate matter from whether or not a 17 year old can run away. It is not a crime for a 17 year old to run away. However, family law matters are separate from criminal law matters. I believe that the parent encouraging the 17 year old to run away from the other parent's home can and will be held in contempt by the family court judge. The judge may not be able to make the 17 year old return to the custodial home but the judge can fine the heck out of the other parent for violating the custody orders.
Could you please find the Michigan law that supports what you think. I know only that support continues until the court order or court says it stops.
 

LdiJ

Senior Member
Could you please find the Michigan law that supports what you think. I know only that support continues until the court order or court says it stops.
A 17 year old running away (without legal consequences for running away) does not vacate a custody order. A custody order does not just go away unless the child becomes a legal adult or its dismissed by the court. It is ludicrous to assume that a 17 year old can make a custody order go away just by running away. I agree that the 17 year old will clearly not get into any trouble for running away. However, any adult who is a party to the custody order and encourages the 17 year old to do so certainly CAN get in trouble for violating the custody order.
 

cbg

I'm a Northern Girl
quincy, I am asking, not arguing.

If the 17 year old runs away from home (and I am not arguing that it can be done legally) and the police tell the parents, "The kid's okay, he's staying with his friend Joey", do the parents have the right to go over to Joey's house and forcibly bring the kid home?
 

quincy

Senior Member
A 17 year old running away (without legal consequences for running away) does not vacate a custody order. A custody order does not just go away unless the child becomes a legal adult or its dismissed by the court. It is ludicrous to assume that a 17 year old can make a custody order go away just by running away. I agree that the 17 year old will clearly not get into any trouble for running away. However, any adult who is a party to the custody order and encourages the 17 year old to do so certainly CAN get in trouble for violating the custody order.
Here is a link to a case in Michigan you might want to read:
https://www.govinfo.gov/content/pkg/USCOURTS-mied-1_11-cv-10116/pdf/USCOURTS-mied-1_11-cv-10116-1.pdf
I know that a parent can get into trouble for not paying child support up to age 18 (or beyond, if so ordered). But a parent is unlikely to find any judge in Michigan who will do anything to anyone if a 17 year old leaves home/refuses to visit - even if this means a visitation order is violated.

Michigan may be unique in that there is a space of one year - between the age of 17 and the age of 18 - where a person is neither child nor adult.

cbg, the parent can go to Joey's house and try to persuade the 17 year old to come home but, unless their 17 year old is in danger, the police will not interfere.

Although the age of majority is 18 in Michigan, there are several child-related Michigan laws that apply only to those "under the age of 17."
 
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