Emancipation
- Can a parent emancipate a child and have her removed from the home?
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Question
How can a parent emancipate a teen-age child and have the child removed
from the home?
Answer
The laws concerning emancipation of a minor differ from state to state.
In Michigan a minor can become emancipated without parental permission
as long as they are not supporting the minor and the minor meets additional
criteria of the emancipation statute. For example, the court must
find that the minor is at least sixteen years of age, that the minor can
manage his or her financial affairs (this usually means the minor is employed),
that the minor can manage his or her personal and social affairs and that
emancipation would be in the minor's best interest. If you
wish to read about the Michigan emancipation procedure, you should read
the pamphlet "Support of Minor and Emancipation" which can be found in
the Court Library section of the Calhoun County Courts web site. http://courts.co.calhoun.mi.us
In Michigan, emancipation is for the benefit of the minor and not the
parents. Only the minor may petition for emancipation. The
parents are responsible for the support of any minor as explained in the
above referenced pamphlet. The parents could probably force the minor
into foster care if they refused to provide for him. They would,
however, be responsible for the cost of such care.
If you do not live in Michigan, other state courts also operate web
sites. Those sites are listed at:
http://www.ncsc.dni.us/court/sites/courts.htm#state
01/2000
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Last Updated 1-4-00
Send your comments, questions and suggestions to Phil Harter at 161
E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to pharter@calhouncountymi.gov