Emancipation in Michigan

[DClildevil18]

Hello, my name is Nichole. I live in Michigan and I am going to be turning 16 in 5 days (December 23). I want to file for emancipation only problem is that my mom will not consent to me being emancipated and I do not know if my dad will as I'm not living with him at the moment. Does the parent I live with have to be the one to consent to the emancipation or could my dad consent even though I do not live with him? Umm also on the petition for emancipation it says that I can prove that I can manage my finacial affairs and that I can manage my social and personal affairs by the following facts...what am I supposted to write there? I have no idea. I will be getting a full time job when I turn 16 (working from 7am-3:30 or 4:30pm) and I will be attending night school (5 to 9pm). So that I do not have to drop out of school. I will be moving into my best friend Jasons parent's house when I get emancipated so that takes care of my living arraignments. So will someone please help me out

 

[enjay]

Your mother must approve. You must also be able to support yourself, which includes being able to maintain housing on your own (not living with a friend's parents).

722.4c Hearing; issuance of emancipation order; burden of proof; retaining copy of order; emancipation obtained by fraud voidable; appeal.

Sec. 4c.

(1) The hearing shall be before a judge or referee sitting without a jury. If the minor requests that the hearing be before a judge, the hearing shall be before a judge and not before a referee.

(2) The court shall issue an emancipation order if it determines that emancipation is in the best interest of the minor and the minor establishes all of the following:

(a) That the minor's parent or guardian does not object to the petition; or if a parent or guardian objects to the petition, that the objecting parent or guardian is not providing the minor with support.

(b) That the minor is at least 16 years of age.

(c) That the minor is a resident of the state.

(d) That the minor has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support. “Other means of support” does not include general assistance or aid to families with dependent children administered under the social welfare act, Act No. 280 of the Public Acts of 1939, being sections 400.1 to 400.121 of the Michigan Compiled Laws.

(e) That the minor has the ability to manage his or her personal and social affairs, including, but not limited to, proof of housing.

(f) That the minor understands his or her rights and responsibilities under this act as an emancipated minor.

(3) A minor who petitions the court for emancipation shall have the burden of showing by a preponderance of evidence that emancipation should be ordered.

(4) If the court issues an emancipation order, the court shall retain a copy of the order until the emancipated minor becomes 25 years of age.

(5) An emancipation obtained by fraud is voidable. Voiding such an order does not affect an obligation, responsibility, right, or interest that arose during the period of time the order was in effect.

(6) The minor or a parent or guardian of the minor may file an appeal from the court's grant or denial of an emancipation petition. The appeal shall be filed in the court of appeals.


History: Add. 1988, Act 403, Eff. Mar. 30, 1989
Popular Name: Emancipation of Minors Act

 

[DClildevil18]

More info

Okay I understand that my mom must consent as I am living with her. But if I move in with my dad could he consent instead of my mother? My mom won't consent just because she knows its because we always butt heads with each other and I am under constant stress. I got pregnant at 15 and lost the baby due to the large amount of stress I was under while living in her house. My doctor also says that I am getting high blood pressure from all the stress. Would that be enough to show that it is in my best interest to get emancipated? I know most would say "why not just move in with your dad?" Believe me I tried that when I was 14 and in 8th grade and I only lasted 3 and a half months there because it was so bad between me and my dad. I'm pretty sure I could afford to support myself by living on my own which I plan to do in August if I get emancipated before then. The thing is I'm not going to pay rent for an apartment or something when I don't have to and can move in with a friend. It just doesn't make since. Please get back to me as soon as possible. Thanx.

 

[AHA]

Emancipation means you have to be totally self sufficient NOW, not "maybe" someetime late next year. It means you have to have your own home and be able to pay ALL the bills on your own. It does not mean living with a friend or parent of a friend or a bf/gf etc. And it means you have to get permission from whoever has legal custody of you. If you can't prove that you are totally independent in every way incl financially, there's no point for you to even consider emancipation. Judges don't just give out emancipations on a whim, there has to be extreme circumstances, not getting along with your parents sure isn't enough of a circumstance (every teen has issues with their parents).
Focus on your education for now and save up whatever money you earn. You will spend many many years being an adult with a lot of burdens that come with it, so don't be in such a rush for those burdens, you'll have plenty of bills and adult issues piling up soon enough.

 

[DClildevil18]

Try this again

Okay... my parents have joint custody of me so does that mean that either of them could consent to it? or does it have to be the parent I am living with? I will be getting a full time job over winter vacation from school so that I can attend night school and support myself. No maybe you don't understand that my health is in danger by living with either of my parents... my doctor says that I am developing high blood pressure from being under constant stress and I have already lost a baby back in September because of stress. How is that not enough of a circumstance??

 

[AHA]

Okay... my parents have joint custody of me so does that mean that either of them could consent to it? or does it have to be the parent I am living with? I will be getting a full time job over winter vacation from school so that I can attend night school and support myself. No maybe you don't understand that my health is in danger by living with either of my parents... my doctor says that I am developing high blood pressure from being under constant stress and I have already lost a baby back in September because of stress. How is that not enough of a circumstance??

So, consult with a family lawyer if you fulfil all the qualifications for emancipation.
The fact that you lost a baby could be becuase of a combination of reasons, not just stress, maybe your body just wasn't ready for it.
Only a judge could say if you deserve emancipation or not, and you have the odds against you, since judges don't have a habit of emancipating teens very often. No one on a public message forum can solve this particular problem or promise you what you can or can not get, so your best bet is to talk to your parents and a lawyer.

 

[Happy Trails]

Okay... my parents have joint custody of me so does that mean that either of them could consent to it? or does it have to be the parent I am living with? I will be getting a full time job over winter vacation from school so that I can attend night school and support myself. No maybe you don't understand that my health is in danger by living with either of my parents... my doctor says that I am developing high blood pressure from being under constant stress and I have already lost a baby back in September because of stress. How is that not enough of a circumstance??

Keep in mind that being on your own isn't going to be without stress.

What seems to be all the stress at home about? You also state you have the same stressful situation at your dad's.

Maybe family counseling would be beneficial.

 

[stealth2]

Uuuuh, the judge is also going to look at your maturity level. Getting pregnant at 15 isn't going to impress him/her. Nor is the fact that you can't apparently get along with either of your parents.

 

[Happy Trails]

Uuuuh, the judge is also going to look at your maturity level. Getting pregnant at 15 isn't going to impress him/her. Nor is the fact that you can't apparently get along with either of your parents.

That's for sure. But Stealth it's probably the 'lildevil' in DC18 that makes it hard for her to get along with them.

 

[stealth2]

I'm tellin' ya - these kids have no idea how lucky they are that noone's sent them to live with me. 'Cause then they'd know what it means to be unhappy. They'd be beggin' to go back to their parents.

 

[DClildevil18]

Bye

okay... I'm just going to consult with a family lawyer since that seems to be the only way I'm going to get anywhere with this.. thanx to those of you who actually tried to help.

 

[Happy Trails]

okay... I'm just going to consult with a family lawyer since that seems to be the only way I'm going to get anywhere with this.. thanx to those of you who actually tried to help.

Please post back with updates.

 

[seniorjudge]

okay... I'm just going to consult with a family lawyer since that seems to be the only way I'm going to get anywhere with this.. thanx to those of you who actually tried to help.

Getting a full-time job would be an immense help in becoming emancipated. Good luck!

 

[joana_bologna]

who do you think you are????

I'm tellin' ya - these kids have no idea how lucky they are that noone's sent them to live with me. 'Cause then they'd know what it means to be unhappy. They'd be beggin' to go back to their parents.

Do you beat your children you *******?!?!?! Maybe you don't know what is it like to be a teenage girl, guys are asses. I was there, and you have no idea, so maybe you should shut your mouth and think about the situation before you start running your gormless big mouth about things you don't know about.... Who are you to say that you are better than their parents? And why would you compare youself to something you have no relation to? Don't be the first to throw stones when you are a dickhead who likes getting ****ed in the ass... oops, now I am just like you, someone who passes judgement on someone I don't know... Leave her alone dickhead. We don't like you, stop writing you "macho man". There is no room for you in this new day and age... tape your mouth shut and tie yourself to a chair, and if your mother didn't tell you... "If you don't have anything nice to say, don't say anything at all..." Good Day...

 

[stealth2]

oh brother.