Legal Question in Family Law in Michigan
emancipation from parent
What all does one do to sever a parents rights to a 17 year old. My nephew has been waiting till he turns 17 to leave home and move in with me and my husband, and he knows his father will probably call the police on him, but he needs to leave that place, and this man will keep calling the police to have him brought back home, but then home life will be come even more unbearable for this kid, he is a good kid, his father is pure evil, his mother died 8 years ago, and his sister is leaving for college in aug., so he has got to gt out of that house. Appreciate the help.
1 Answer from Attorneys
Re: emancipation from parent
There are several standards that a minor must meet to qualify for emancipation, such as proving that he has someone else to take him in, that he has the means to support himself or be supported by someone else, and that he is mature and competent. He would also need a reason for leaving, i.e., abuse, parent has a dependency problem, etc. He also needs a recommendation from a counselor, pastor, teacher, etc., supporting his request for emancipation.
If you are willing to take him in, and can prove that you can support him, then he has a good chance of the judge granting the emancipation. However, it also depends on whether or not his father will dispute the emancipation, and what their basis and counter-arguments are.
The courts like to make sure that when a child is requesting emancipation, that he/she is not doing so simply for "rebellious" reasons.
If you need a lawyer, or a referral for a lawyer in your area, please feel free to contact me.
Thanks.
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