A child can be considered legally emancipated under certain circumstances and conditions in Michigan. If you have questions regarding emancipation and the rights and responsibilities of parents and their children, reach out to an experienced Oakland County family lawyer today.

What is Emancipation?

Emancipation is the process of ending the legal authority that a parent has over a child. Emancipation can occur when a child becomes an adult or a minor child can request early emancipation on the basis of abuse, pregnancy, or other reasons that they feel they are prepared to support themselves and are better off living on their own.

When is a Child Considered Legally Emancipated in MI?

There are a few ways that a child can be considered emancipated naturally. By law, a child is legally emancipated in Michigan when any of the following is true.

  • The child reaches 18 years of age
  • The child is on active duty in the military
  • The child is legally married

When any of the above applies to an individual they are considered legally emancipated by the state of Michigan. An emancipated individual can live on their own, make all major decisions for themselves, enter into contracts, make financial decisions, and more.

Can a Child Be Emancipated Early?

A minor can attempt to procure court-ordered emancipation under certain circumstances. In instances where the child is in a bad situation and/or has the means and ability to care for themselves, a court may grant them emancipation at 16 or 17 and before they get married or enlist in the armed forces.

The child must file a petition for emancipation with the following information.

  • The minor’s name, date of birth, state of birth, and county of birth
  • A certified copy of the minor’s birth certificate
  • The names and addresses of the minor’s parents or guardian
  • The minor’s current address and information
  • Financial statements showing that the minor has demonstrated the ability to manage their financial affairs
  • Statements showing that the minor has demonstrated the ability to manage their personal affairs
  • A signed statement from an individual who knows the minor and believes that emancipation is in their best interest
  • A $175 filing fee

After reviewing the evidence and having a hearing the court may determine that emancipation is in the child’s best interest and grant the order.

Work With a Skilled Family Lawyer

Whether you are attempting to get emancipated from your parents or are a parent with questions about your child’s rights and responsibilities, it may be worthwhile to speak with an experienced attorney. A skilled family lawyer will have the knowledge and understanding of the law needed to help answer your questions and ensure your rights are protected. Contact an attorney today.