Legal Question in Family Law in Michigan

Incorrigable Child

I need advice on what to do with my 17 year old daughter. She has been skipping school, getting suspended, lying about her whereabouts, and generally defying us and attempting to ruin her life in the process. Proclaiming that she ''only has 8 more months until she is 17 and then will not have to tolerate our rules at all''. She has stressed her father and my's relationship to the breaking point, and has driven me to depression. We have tried counseling, punishment, you name it. If we could afford it she would be locked away at a secure boarding school where she had no choice but to comply. We are considering giving her her wish and giving her up for adoption. She claims to hate me anyway and only seems to behave briefly to get something she wants.


Asked on 12/15/07, 4:32 pm

2 Answers from Attorneys

Rebekah Tiefenbach Rebekah L. Tiefenbach Esq.

Re: Incorrigable Child

First let me just say how much I deeply empathize with your situation. I have some experience dealing with this and I know how frustrating it can be--you as parents are held legally responsible for your teen's actions (delinquency for skipping school, for example). Yet in our society it is easier than ever for teens to find ways to do things without their parents' knowledge. It can be a full-time job monitoring your child's activities. It sounds like she is pretty good at manipulating you, and manipulating behavior is only used because it works. Consider how giving in to what she wants is actually rewarding her and teaching her that her bad, manipulative behavior is the best way to wear you down to get what she wants.

From a psychological standpoint, reinforcing positive behavior is always the most effective way to teach the behavior you want, even more so than discipline (though discipline has it's place, too). But consistentcy is imperative! You and your husband might need some re-training as well to make this tactic work. Teenagers are the most persistent creatures on the planet!

That said, adoption isn't an option here. What you are thinking of is Emanicipation. Any teen 16 or older can petition the Circuit Court for emancipation from her parents. It gives her all the rights of an adult, as well as the responsibilities. She would have to show she can support herself through work and that she has a place to live. That would be her legal issue, not yours.

Emacipation is more often effective in situations of neglect where a child is not being provided for and due to age lacks the legal capacity to earn a living. Judges are pretty reluctant to grant such a petition otherwise and rightly so--making a living is hard at any age and most 17 year-olds are especially ill-equipped for this.

But depending on the severity of the situation, it is an option. I would need to talk to her about it, though, if it were something she wanted to pursue.

Also, remember that once she turns 18 you do not have to support her if she continues to act this way. You may need to evict her from your home, or if she is abusing substances, you have the option of a temporary limited guardianship/conservatorship.

Feel free to contact me directly with any additional questions. Good luck to you all!

Read more
Answered on 12/16/07, 12:55 pm

Incorrigable Child

Have your attorney file a petition in the probate court to declare her incorrigable. Let the judge decide how to deal with this kid.

Read more
Answered on 12/16/07, 3:55 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Michigan