Emancipation
- Must a non custodian parent consent to emancipation before it may be
granted?
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Question
I am 17 years old, currently living with my mother. I want to move out
and reside with some friends of my family. My mother, who has full custody
of me, is fine with that. My father lives in Indiana and we haven't
spoken to each other in a few months. I don't think he plans on speaking
to me. I have a job right now where I am at and will find one as
soon as I move, if I do. The people I want to move in with are willing
to support me, also. I will not have to pay rent there and will not
have to pay for my food and things like that. Does my father, since
he doesn't have custody of me and lives in another state, have to agree
to my emancipation? If so and he doesn't agree, will the judge still
emancipate me? What do you think my chances are of being emancipated
given these circumstances?
Answer
The father would be an interested person and could give evidence concerning
whether the criterion for emancipation has been met and whether emancipation
would be in the minor's best interest He can not have the petition
dismissed simply because he is a parent unless he is providing the minor
with support. Only a parent who is providing the minor with support
can cause such a petition to be dismissed because of a general objection
to emancipation.
There is no way to predict how a judge would decide this case.
Each case is decided on its own merits and it is within the discretion
of the judge hearing the case to decide if all the criterion for emancipation
have been met.
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Last Updated: 12-24-02
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