Emancipation of Minor

KNOW THE LAW

The Emancipation of a Minor.

by Terry Bankert 235-1970
for CPSA 6/10/07

A person who has not reached the "age of majority" (usually the age of 18) is considered a child (or "minor") in the eyes of the law. In the realm of family law, "emancipation" (also called "divorce from parents") refers to a court process through which a minor can become legally recognized as an independent adult in the eyes of the law.

The age of majority in Michigan is eighteen. The Michigan statute defines emancipation as the "termination of the rights of the parents to the custody, control, services and earnings of a minor." Absent an order of emancipation, the statute confirms that parents are responsible for supporting their minor children. In fact, one or both parents can object to the emancipation proceedings. In that case, the court may decide to dismiss the proceedings.An emancipated minor has the general rights and responsibilities of an adult except for the right to vote or drink alcoholic beverages. To become emancipated from parents or guardian by filing a petition with the Family Court.

Among other facts the minor declare how it has been demonstrated that the minor has the ability to handle financial affairs and manage personal and social life. A professional must sign an affidavit who has personal knowledge of the minor and believes that emancipation is in the children interest.

The designated professionals are : physician or nurse, clergy, law enforcement, psychologist or therapist, social worker or technician, school administrator, counselor or teacher.

The parents, guardians and those professionals must be served with notice of a hearing.

The court does the following :assigns an employee to investigate and prepare a report, appoint an attorney, for the minor and parents if they disagree.

The court must order emancipation if it finds it is in the child Best Interest and all of the following:

1.The minors parents or guardian do not object or that they are not financially supporting the minor.

2.The minor is at least 16 yrs of age.

3.The minor is a resident of Michigan.

4.The minor can manage his or her financial affairs which can be shown by proof of employment or other means of support.

5. The minor can manage his or her own social and personal affairs which can be shown by proof of housing.

6.The minor under stands his or her responsibilities as an emancipated adult.
If the minor is emancipated, the adult rights and responsibilities applicable to the minor do not include those limited by age and by law such as using and purchasing alcohol and voting.

However, they do include signing contracts, being a plaintiff or defendant to a law suit, keeping whatever money the minor earns, living away from the parents, approving health care and medical procedures, getting married, writing a will, and enrolling in school.See:722.4c(2)

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Attorney Terry Ray Bankert
http://attorneybankert.com/
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