Legal Question in Juvenile Dependency in Michigan

17 year old step daughter

my step daughter is 17 she is considering immancipation right now she receives a check from her mothers death if she does this 1. will she still receive the check


Asked on 12/02/07, 10:43 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: 17 year old step daughter

Your question cannot be answered because the reasons why your daughter has been getting a check from her grandmother are unclear. Is the grandmother alive and is just feeding her money? Is this money coming to her from a will, or a trust fund? If the latter, are their any conditions tied to the money ... such as "she get the money until she turns 18", or "she gets the money while she's living at home", etc ... or anything that might be breached by becoming emancipated.

Emancipation is not easy to get from a judge. She has to prove that she can manage her financial and social affairs (including proof of employment or other means of support; housing; etc.), and attach affidavits from a physician, psychologist, therapist, nurse, clergy, school administrator, school counselor, teacher, law enforcement officer, duly regulated child care provider, or certified social worker with personal knowledge of the minor's circumstances and a belief that emancipation is in the minor's best interests. Receipt of General Assistance or ADC-F is not qualified "other means of support" and is not proof of self-support by the minor. The minor must also prove that the parent/guardian either does not object to emancipation or is not supporting the minor. The court must hold a hearing on the petition and determine (by a preponderance of the evidence) that the minor has met all of the legal requirements for emancipation, understands the rights and responsibilities of emancipation, and has shown that emancipation is in his/her best interest.

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Answered on 12/03/07, 8:30 am


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