Legal Question in Juvenile Dependency in Michigan

Re: 16 and pregnant

False.

Emancipation [1968 PA 293; MCL 722.1 et seq] means the termination of the rights of the parents to the custody, control, services and earnings of a minor.

Emancipation gives minors some rights & responsibilities -- to enter enforceable contracts; to sue or be sued; to earn a living and retain earnings; to authorize medical, dental or medical care; to marry; to act autonomously in all business relationships; to apply for a driver's license and other state licenses; to apply for welfare; to make decisions and give authority in caring for a minor child; to make a will.

Emancipation does not occur simply because you had a baby. It happens one of 2 ways: by operation of law, or through a judge's order.

Emancipation "by operation of law": occurs when the minor (a) turns 18 years old, (b) is validly married, or (c) is on active military duty or is in police custody and the parent's consent is not available.

Emancipation "by order of the court" occurs when a minor who is 16 or 17 yr old petitions the Circuit Court's Family Division for emancipation. He/She must prove that he/she can manage his/her financial and social affairs (including proof of employment or other means of support; housing; etc.), and attach affidavits from a physician, psychologist, therapist, nurse, clergy, school administrator, school counselor, teacher, law enforcement officer, duly regulated child care provider, or certified social worker with personal knowledge of the minor's circumstances and a belief that emancipation is in the minor's best interests. (Receipt of General Assistance or ADC-F is not qualified "other means of support" and is not proof of self-support by the minor.) The minor must also prove that the parent/guardian either does not object to emancipation or is not supporting the minor. The court must hold a hearing on the petition and determine (by a preponderance of the evidence) that the minor has met all of the legal requirements for emancipation, understands the rights and responsibilities of emancipation, and has shown that emancipation is in his/her best interest. The judge has the discretion to deny the petition, but that decision is appealable to the Court of Appeals.

Approved court forms for emancipation (including the petition) can be downloaded at courts.michigan.gov/scao/courtforms/emancipation/emindex.htm.