Obtaining Emancipation From Parental Authority In Michigan


It's an unfortunate reality for many homosexual and transgender teens that their families do not accept their sexual or gender orientations, which may lead to them suffering abuse from parents or other family members. Equally unfortunate is the reality that because they have not reached the age of majority, these teens are severely limited in what they can do to escape the situation since their parents have control over them until they legally become adults. However, one way to escape this situation is to petition the courts for emancipation.

What Is Emancipation?

In general, minors are not considered adults—and eligible for all the benefits associated with that status—until they reach the age of majority, which is age 18 in most states. Until that time, they are under the legal thumb of their parents or guardians, which can severely limit their agency. For example, underage transgender teens must get permission from their parents before they can undergo hormone therapy.

Emancipation basically ends a parent's legal authority over his or her underage child and allows the teen to function as though they were an adult. As an emancipated teen in Michigan, you can:

  • Enter into contracts such as renting an apartment or getting credit cards
  • Get work permits
  • Get married
  • Keep any income you earn from jobs
  • Make your own medical, dental, and mental health care decisions
  • File lawsuits against others (and also be sued in turn)
  • Enroll into any educational institution you're eligible for
  • Apply for public assistance programs such as Medicaid and SNAP
  • Make decisions regarding the welfare of your own minor children

However, emancipated teens in the state cannot vote or purchase tobacco until they turn 18 and cannot buy or consume alcohol until they turn 21.

Requirements for Application

To start the process of emancipating yourself from your parents, you must file a petition with the family court in your area. The minimum age for filing the petition is 16. You can obtain emancipation from your parents earlier than that if you get married, but getting married while underage requires parental permission. Teens aged 17 can also be granted emancipation if they enter military service. Again, though, permission from parents or legal guardians is required to sign up for any of the military branches.

Michigan also requires applicants to:

  • Be a resident of the state. Some courts consider the parents' or guardians' residency as the basis for determining applicants' eligibility, so you may not be able to apply if your legal guardians live in other states.
  • Submit a certified copy of their birth certificates.
  • Submit an affidavit from a medical or mental health care professional, social worker, school administrator or counselor, child care provider, or law enforcement officer detailing why they think emancipation is the best option for the applicants.
  • Supply documentation proving they can financially support themselves.

There's also typically a filing fee, though the amount varies from county to county. If you can't afford the fee, you can request a waiver from the court.

Going To Court

The courts consider a minor's request to be emancipated from his or her parents to be a big deal, and you not only have to convince the judge that approving the petition is in your best interests but also that you are mature enough to be emancipated and can financially support yourself. Additionally, your parents or guardians will be required to attend the hearing and they will be allowed to object to your petition.

Therefore, you need to ready to testify against your parents (e.g. detail any abuse you may have suffered at their hands). You'll also need to provide evidence that you can support yourself and manage your personal affairs. This can be done in a variety of ways including submitting paycheck stubs from your job and showing you have obtained safe and stable housing.

Getting emancipated from your parents can be challenging. A family law attorney can provide you with needed advice about and assistance with achieving the outcome you want. If you can't afford a private attorney, look for a legal aid clinic in your area that may provide assistance for free or at a very low cost.

About Me

The Law Is Blind

Thanks for visiting my fun little blog on the legal system. I'm Jane Campbell. I have always wanted to be a part of the legal profession. I find law fascinating and I read everything I can find about the subject and hope to attend university someday. The only thing that prevented me from pursuing this profession was my social anxiety disorder. While I am in the process of trying to recover from this condition, I've decided to create a blog so I can talk to others about a subject that I hold so dearly. I hope my posts will be useful for you.

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