A. A minor is emancipated automatically (referred to as
"by operation of law") in the following circumstances:
1. When a minor is legally married.
2. When a minor reaches the age of 18 years.
3. While on active duty in the Armed Forces of the United
States.
4. For purposes of consenting to medical care a child is
considered emancipated while in the custody of law enforcement
if the parents cannot be located.
B. A minor can also be emancipated by a Circuit Court - Family
Division Judge. This court ordered emancipation can only be
accomplished by following this procedure:
1. The minor who wants to be emancipated files a petition
in the Juvenile Unit - Family Division of the Circuit Court in
the county where the minor resides. The petition must be
completely filled out and signed by the minor.
A blank petition is included at the end of this self-help guide and
should be completely filled out. The bottom half of the back of the
petition is a blank affidavit (written statement under oath). The
affidavit part of the petition must be completed by one of the following
persons and must be signed before a notary. Persons to complete the
affidavit: PHYSICIAN, NURSE, MEMBER OF THE CLERGY, PSYCHOLOGIST, FAMILY
THERAPIST, CERTIFIED SOCIAL WORKER, SOCIAL WORKER, SOCIAL WORK TECHNICIAN,
SCHOOL ADMINISTRATOR, SCHOOL COUNSELOR, TEACHER, LAW ENFORCEMENT OFFICER
OR DULY REGULATED CHILD CARE PROVIDER.
2. A certified copy of the minor's birth certificate must
also be filed with the Court along with the petition.
3. When the petition is filed (turned in at the Court), a
filing fee of $150.00 must be paid. The filing fee in
non-refundable. After this fee is paid the Register will
schedule the petition for a hearing before the Judge or
Referee. You may request a hearing before the Judge and not
the Referee.
4. After the petition is filed, the Court may assign a
Court employee to investigate and file a report, may appoint
legal counsel for the minor or may appoint legal counsel for a
parent if the parent is indigent. (See Section 722.4b).
5. Notice to Others: The law requires that a copy of
the petition and a summons to appear at the hearing be served
on the minor's parents or guardian. A Notice of Hearing shall
also be sent to the person who signed the affidavit portion of
the petition unless that person checked the box on the
petition stating they waive notice of the hearing. The Court
shall send all appropriate paperwork to all parties by
first-class mail. (See MCR 5.105).
6. The hearing: At the hearing the Judge or Referee
will order the minor emancipated if he/she determines that to
be in the best interest of the minor. For the Judge or
Referee to make this determination the minor must be able to
show that:
(a) Parents or guardian do not object or if they do
object they are not providing support to the minor.
(b) The minor is at least 16 years old.
(c) The minor is a resident of Livingston County,
Michigan.
(d) The minor can manage his/her own finances and has
either employment or means of support other than A.D.C. or
General Assistance.
(e) The minor has the ability to handle personal and
social affairs (including proof of housing).
(f) The minor understands his/her rights and
responsibilities under the law. (The minor must read this
emancipation law and understand it.) It is up to the minor
to convince the Judge or Referee that all of these
requirements are met. This is done through sworn testimony
from the minor and any other persons the minor wants to
have in the Courtroom to testify about these areas.
7. After the minor is done presenting his/her case to the
Judge or Referee, he/she will either dismiss the petition or
order the minor emancipated. The minor can get copies of the
order from the Court. One copy will be certified at no charge.
If additional certified copies are needed, a $10.00 fee will
be charged for each, or $1.00 for each duplicate copy.
8. The emancipated minor (if hearing was successful) shows
the order to whomever necessary to prove that he/she is
emancipated and that he/she has the rights and
responsibilities listed in Section 4e of the Law. (Copy of the
Emancipation Law is attached.)
PLEASE NOTE: The information in this packet is not intended to be
legal advice. It is merely an explanation of the basic procedure that is
required to obtain the status of emancipation. Court personnel cannot give
you legal advice about your particular situation. The information
contained here is the only information Court personnel can give you about
this procedure. If you have questions regarding any aspect of the law, you
should seek the advice of any attorney.
