Legal Question in Juvenile Dependency in Michigan

Can a 17 year old leave home once they turn 17 and live somewhere else (i.e. with a friend, boyfriend/girlfriend) and not get in trouble as a runaway by their legal parent/guardian?


Asked on 5/01/10, 5:57 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

While you are old enough now to be charged as an adult for all crimes, what you talked about is not a "crime". And, because you are 17, you are too old under the "runaway" laws for a family court / juvenile division to take jurisdiction over you (the cut off for that is 16). But, it is possible that the family court could take jurisdiction over you for being an incorrigible youth (under age 18) because you are repeatedly refusing to abide by your parents' reasonable orders. Likewise, it is possible that the same family court could take jurisdiction over you because your parents or other people who have the legal responsibilty to provide for your care are neglecting to do so (i.e., "parental neglect"). Because you are not yet 18, you are still an unemancipated minor under the laws of this state and your parents have a legal responsibility to provide proper care and custody for you; also, because you are an unemancipated minor you cannot sign contracts (leases, loans, insurance, etc.), so essentially someone has to take care of you; likewise, you cannot make medical care decisions for yourself, and only your parents can. Whomever you're proposing living with might be great people, but they have no legal responsibility to fill your parents' shoes regarding LEGAL care issues. You still have to follow your parents' reasonable commands, which might include "live at home", and if you don't then the 'incorrigility' issue could get the family court involved in your life. If your parents allow you to move out, then it's still their responsibility to make sure that you have proper care & custody, that your basic needs are being met ... if not, then that parental neglect issue 'might' get the family court involved in your life. You should consult an attorney about your legal options, which might include filing in the probate court for emancipation (not easy to win), or having the adult you're living with become a limited guardian ... until you turn 18 (at which time everything changes under law because you are an Adult and then YOU have the duty to care for yourself, no one else).

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Answered on 5/07/10, 7:12 am


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