Legal Question in Juvenile Dependency in Michigan
amancipation
i am about to get a job. i just turned 16 and i want to get amancipated because i cant stand the violence and abuse and neglect.how do i go about this and get information?
1 Answer from Attorneys
Re: amancipation
Emancipation is difficult to get at your age.
Essentially, you have to file a petition with the Circuit Court's Family Division but must prove that you can manage your 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 your circumstances and a belief that emancipation is in your 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. You must also prove that the parent/guardian either does not object to emancipation or is not supporting the you. The court must hold a hearing on the petition and determine (by a preponderance of the evidence) that you have met all of the legal requirements for emancipation, understands the rights and responsibilities of emancipation, and has shown that emancipation is in your best interest.
Since you are not yet employed, you will not be able to show financial independence.
Approved court forms for emancipation cases (including the petition) can be downloaded at courts.michigan.gov/scao/courtforms/emancipation/emindex.htm.
For some info about emancipation, look at our office's legal definitions page (http://www.eatoncounty.org/prosecutor/define.htm#E) Otherwise, consult a lawyer in private practice who handles emancipation cases for more advice re: your particular circumstances.