Legal Question in Family Law in Michigan

Re: Emancipation

A minor seeking emancipation must file a petition in the family division of circuit court and must include (among other items):

(e) A declaration by the minor indicating that he or she has demonstrated the ability to manage his or her financial affairs. The minor may include any information he or she considers necessary to support the declaration.

(f) A declaration by the minor indicating that he or she has the ability to manage his or her personal and social affairs. The minor may include in this section any information he or she considers necessary to support the declaration.

The petition shall include an affidavit by any of the following individuals declaring that the individual has personal knowledge of the minor's circumstances and believes that under those circumstances emancipation is in the best interests of the minor:

(a) Physician.

(b) Nurse.

(c) Member of the clergy.

(d) Psychologist.

(e) Family therapist.

(f) Certified social worker.

(g) Social worker.

(h) Social work technician.

(i) School administrator.

(j) School counselor.

(k) Teacher.

(l) Law enforcement officer.

(m) Duly regulated child care provider.

The hearing before the judge includes the minor's parents or guardian.

An emancipation determination must be in the best interest of the minor

(a) That the minor's parent or guardian does not object to the petition;

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

(d) That the minor has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support.

(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.

(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.

Good luck,

Tom Weiss