Legal Question in Juvenile Dependency in Michigan
emancipation/legal guardian change
I am a college student who is 20
years old (almost 21). Since I'm still
in school I am assuming that I am
still technically a ''minor''(I think 24
is the age in MI). I wanted to change
who my legal guardian is though. I
wanted to change it to my brother
instead of my parents. How would i
go about doing this and are there
certain reasons for me wanting to do
this that i have to present?
1 Answer from Attorneys
Re: emancipation/legal guardian change
In Michigan, there are several age thresholds. At 16, children are no longer required to attend school, and they can consent to sexual activity. At 17, they are treated as adults for all criminal activity. At 18, they can smoke cigarettes and cigars, and they have the legal capacity to sign contracts. At 21, they can drink alcohol.
I am not aware of anything that says that a person is UNemancipated when they are 20, 21 or even 24.
A person is legally emancipated in Michigan when they turn 18, or can be emancipated before that after a judge grants an emancipation petition (MCL 722.4a). Both of these ways to become emancipated are covered in MCL 722.4.
Emancipation is a term that changes the status of the parent and child. A parent of an unemancipated child has the right to the "custody, control, services and earnings of the minor", per MCL 722.2. Parents of unemancipated minors are legally obligated to support their children, per MCL 722.3(1).
There might be a responsibility under a divorce/custody order for a parent to provide for a child's education expenses into their 20s, but that does not mean that the child is unemancipated.