Legal Question in Family Law in Michigan
do parents have anything to say to a 17 year old moving out?
one of my friends is thinking about moving out when she turns 17. we live in michigan, i know it relevant because i know laws very from state to state. but can her parents do anything to make her come home? i'm hearing 2 completely different stories and i want to get it right. ( i know the stuff about parents being responsible for their child until they turn 18 but i heard about a loop-hole that once a child is 17 your parents can't make you come home and can't file a missing persons report if they know were their going to live) i'm 18 and shes thinking about moving in with me. will her mom be able to get police involved? we live in the same city as her parents. well thank you.
3 Answers from Attorneys
Re: do parents have anything to say to a 17 year old moving out?
Until a child is 18, parents can report their child missing and if found, the police will return the child to the parents' home, barring any allegations of abuse, etc., which would land the child in a foster home. The child could also end up in a juvenile facility, if the child is found to keep running away from home, which is a crime in Michigan.
The child can only LEGALLY leave the parents' home if she becomes emancipated, which is a complex procedure requiring a lawyer - and the parents have a right to oppose the petition for emancipation, which would greatly affect the Court's decision to grant it. A petition based solely on a person wanting to live with their significant other will NOT be granted.
Keep in mind that you, as an adult, could also be charged with "harboring a minor" - you do not want to put yourself in that situation.
Re: do parents have anything to say to a 17 year old moving out?
Your friend's parents are in charge until she turns 18.
Re: do parents have anything to say to a 17 year old moving out?
Yes. While it is generally true that the juvenile court has no jurisdiction over 17 year old �wayward minors,� it is certainly true that a person under the age of 18, remains the responsibility his/her parent(s) or guardian(s). A parent/guardian has a legal duty to provide adequate food, clothing, shelter, or medical care and to intervene to eliminate risks of harm to a minor when s/he is able to do so and has, or should have, knowledge of the risk. Thus, one course of action for a minor seeking independence is to file a petition for emancipation in the family division of circuit court in the county where the minor lives. A responsible adult (e.g., clergy, certified a social worker, a family counselor) will have to submit an affidavit declaring that s/he has personal knowledge of the minor's circumstances and believes that under those circumstances emancipation is in the minor�s best interest. Note that once granted this petition is not final and can be rescinded by the minor�s parent (e.g., if the minor becomes destitute). Therefore, the best course of action is for your friend to wait until she turns 18 at which point she is emancipated by operation of law.