To learn more about how to file your petition and other forms, see the checklist in the Emancipation — Becoming an Adult Before Age 18 toolkit. You can get a certified copy of a death certificate from the vital records office of the county where your parent died. In most counties, you can order a copy in person, by mail, by fax, or online. You can also order a certified copy of a death certificate from the Michigan Office of Vital Records.
After you file your petition, you will need to have a copy of each paper you filed served on your parents. You must also serve a Notice of Hearing on the person who signed the affidavit. To learn more about how to serve these documents, see the checklist in the Emancipation — Becoming an Adult Before Age 18 toolkit. If the judge investigates your petition, a court employee will look into what you said in it. This person may contact you, your parents, and the person who made the affidavit.
They might talk to other people, too. Attend the hearing and be prepared to present your case to the judge or referee. You can generally expect a hearing date weeks after you file your petition for emancipation, although the emancipation timeline varies from court to court. The hearing will take place at the time and place written on the Notice of Hearing. Bring all your evidence to court with you.
Be ready to talk about the things you wrote in your petition. Dress neatly. Arrive 10 or 15 minutes before your hearing is scheduled. Be prepared to spend most of the morning or afternoon in court. Bring any witnesses and your evidence with you. The judge or referee may hear your entire case at the first hearing. The judge or referee could also schedule another hearing date to finish your case. So can your parents or guardian.
An appeal must be filed with the Michigan Court of Appeals. You may want to hire a lawyer to help you. You can use the Guide to Legal Help to find lawyers and legal services in your area. If you are emancipated, your parents are still legally obligated to support you. They are not responsible for any debts you incur as an emancipated minor. You can get certified copies of the order from the court. You will probably have to pay for the certified copies. You or your parents can ask the judge to rescind or cancel the emancipation order.
A court will cancel the order if:. To end an emancipation, you or your parent can file a Petition to Rescind Order of Emancipation with the judge. Read Ending Emancipation to learn more. You can hire a lawyer to help you with your emancipation. The court may also appoint a lawyer for you. If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area.
This is called limited scope representation. To find a limited scope attorney directly, you can:. Skip to main content.
Google Tag Manager. Search for your legal issue. For complete results, select the county where you live or where your case is filed: Select county. Clair St. If so, you will need to know: The court where it was filed The case number The judge who heard it If the case is still pending A case is still pending if it is open and active. Mediation is a way to see if you and your parents can reach an agreement without having a court hearing.
An example of an agreement is that your parents allow you to live with a relative or friend for the rest of the school year, and you agree to go back home for the summer.
Or it could say that your parents agree to your emancipation. There will be a court-appointed mediator there to help you and your parents talk. Your lawyer will also be there with you. Mediation can be in one room, or you can ask the mediator to keep you and your parents in separate rooms. If you and your parents come to an agreement, it will be written down and everyone will sign it.
It will then be sent to the judge for approval. If you do not reach an agreement with your parents, a court hearing will be scheduled. What you and your parents said in mediation cannot be used at the hearing. If you do not want the public to watch your court hearing, you can ask to have the hearing closed to the public.
Your parents, guardian or custodian must agree to this. Because you are the one asking to be emancipated, you go first. Your attorney will call witnesses, including you.
Your parents have the right to cross-examine you and all your witnesses. After you put on your case, your parents can testify and call their own witnesses. Your attorney will be able to cross-examine your parents and their witnesses.
At the hearing, you must show the judge that you are mature enough to take care of yourself. You must also show that you have a plan for where you will live, how you will take care of yourself food, medical care, etc , what you are doing for school, and what your job plans are.
It is better if the person you are living with comes to testify at the hearing. A recent wage stub will help show this. After everyone testifies and pictures, documents, and other evidence are admitted, the Judge will make a decision. Sometimes, the Judge may want to think about the case and may tell you that a decision will be mailed to you and your parents. In most cases, the decision will be made the same day as the hearing.
How you act in Court will be very important. The Judge will consider your behavior in the courtroom when deciding if you are mature enough to take care of yourself. Also, anything you have posted on Facebook or other social media sites, can be used in Court.
Pictures or statements on your Facebook page or your friends' or family's pages can hurt your case. This is true even if you have your settings on private. Finally, anything you text can also be used against you. If your petition is denied, the Judge may recommend that the Department of Health and Human Services provide services and counseling to you and your family while you are living together.
You also have the right to appeal a decision you do not agree with it, if you think that the Judge made an "error of law. This means they will be assigned a lawyer to help them through the process.
To learn more, visit the website of the Commission des services juridiques legal aid. With full emancipation as with simple emancipation , teenagers are no longer under the authority of their parents or tutors. It gives teenagers full legal capacity, including certain rights and duties usually reserved for adults.
Therefore, emancipated minors can sue their parents for support, make a will, sign a lease, buy, rent, sell, or take out a mortgage, just like adults. Teenagers who get married are automatically fully emancipated. Also, the minimum age for marriage is Teenagers can also apply for full emancipation on their own. Fully emancipated minors are entitled to welfare payments, etc. For example, emancipated minors do not have the right to vote, buy cigarettes or go to bars.
Also, emancipated minors will not be tried as adults if charged with a crime. This is not a legal opinion nor legal advice. To find out the specific rules for your situation, consult a lawyer or notary. The Law by Topic. Can minors exercise their rights in the same way as adults? There are two types of emancipation: Simple emancipation is a legal process that gives teenagers many important rights but not full adult status. Full emancipation is a legal process that gives teenagers almost all the rights of an adult.
What are good reasons for emancipation? Here are some examples: Myra is 17 years old. She works full-time and is completing her high school diploma on a part-time basis. Her mother died when she was 14 without naming a tutor to take care of her.
She left Myra a large sum of money. Myra was placed under the custody of the DYP for several years.
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