Legal Question in Family Law in Michigan

Divorce of Parents

I am not yet 18... I'm 16. My dad has hit me twice in my life, I don't have any phyisical proof but I have told a few adults about it... My mom knows but won't do anything... I want to move out and live with someone other than a relative. Is this legal? And if so How do I do it?


Asked on 3/02/03, 3:34 pm

1 Answer from Attorneys

Thomas Weiss McClintic & Weiss, P.C.

Re: Divorce of Parents

First of all, and from a strictly legal perspective, corporal punishment is permitted by Michigan law. In fact, the Michigan Legislature very explicitly provided for corporal punishment. Now, that is not to say that a parent can abuse their child - child abuse is a crime - and the line between corporal punishment and abuse can be a very thin line.

Can you just move out? No. You would be subject to the laws of juvenile delinquency for incorrigibility - you would be hauled before the juvenile court system and ultimately be placed on probation, with community service and the whole thing. And, you could have a record until you were 29 or 30 (juvenile records are not automatically expunged when you turn 18).

Now, there is, if the situation warrants it, a provision in the law where a minor can become emancipated. If you follow this link, it will take you to the series of law that address juvenile emancipation:

http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-Act-293-of-1968&queryid=2993084&highlight=emancipation

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Answered on 3/02/03, 4:04 pm


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