Emancipation: What Does It Mean?

Understanding Michigan Emancipation Laws: A Comprehensive Guide
Generally, emancipation is a legal term that means that the minor is freed from the control of their parents, it does not mean the parents are relieved of financial obligations toward the minor. A minor can be emancipated in three ways in Michigan: 1. By order of the court; 2. 90 days after military enlistment or marriage; 3. Operation of law after turning 18 years old in Michigan . An emancipated minor is considered a legal adult for certain purposes only and does not necessarily mean that they are legally considered an adult for all purposes. For example, an emancipated minor may be able to get a marriage license without parental permission, but cannot file a lawsuit in civil court without permission of the court. Although rare, an emancipated minor may still obtain a court order securing the minor rights given to them by law as a minor, because they have not yet reached statutory age as defined by Michigan law.

Who Can Be Emancipated in Michigan?

As mentioned above, in order for a parent of a minor child to begin the process of petitioning the court to have that minor child emancipated, their child needs to be "an adult or will be in 56 days." The fact is that a minor can only file a petition for emancipation if they are either 17 years old or have permission to file from a parent or legal guardian. If emancipated from their parents, a minor child in Michigan has the following rights: Of course, the above rights only apply if the child meets the eligibility requirements for emancipation and is actually granted emancipation by the court. In Michigan, it is also possible for a minor to get permission from the court to get married, which gives them certain legal rights similar to emancipation, however, contrary to the court process for emancipation, a minor must still be 18 years old or older in order to get married in Michigan.

How to Get Emancipated in Michigan

A minor in Michigan must follow a particular legal process to achieve emancipation. The first step in this process is to file a petition to become a legally emancipated person. A minor must file that petition through a Michigan probate court. An attorney does not have to participate in the filing process, however it is always recommended that you work with an attorney with experience in Michigan emancipation laws.
The judge will respond to a petition by holding a hearing within 28 days of the petition being filed. Generally, a guardian ad litem will be appointed to interview the minor, the minor’s relatives, and other parties in interest. This will occur at least 14 days before the scheduled hearing. The parties will appear at the hearing, along with the guardian ad litem, and make their arguments. The court will then order emancipation, or deny the petition. The judge has to find that emancipation is in the minor’s best interest before granting the petition.

Rights for Emancipated Minors

In Michigan, when a minor is emancipated from the control of his or her parents, they are provided with rights and responsibilities that would have typically been reserved for adults. One of the most significant implications of emancipation is the minor’s financial independence from their parents. An emancipated minor can enter into contracts, hold a job, and receive compensation without parental involvement. They can also access bank accounts and take out student loans without a co-signor. This financial independence can be a double-edged sword because, while an emancipated minor has more freedom and less oversight from their parents, they are also responsible for any financial decisions they make.
Emancipated minors also have the right to consent to medical treatment. In Michigan, parents are typically responsible for making decisions regarding their minor children’s medical care, but when a minor has been emancipated, they no longer need a parent’s permission to see a doctor, get a piercing, or take another step towards adulthood. If they do not have formal health insurance, an emancipated minor can apply to have their medical expenses reimbursed through the state-funded Medicaid program.
However, even though emancipation gives minors many new rights, there are still some things that they cannot do. For example, although they can enter into legally binding contracts, legally, a minor cannot sign a residential lease. This means that even if a parent agrees to their child moving out, the minor cannot enter into a lease agreement.
Similarly, even though minors can open their own bank accounts without their parent’s permission, they cannot obtain a credit card. Instead, the minor can have their name added onto their parent’s credit card, so that they can build their credit and learn responsible banking practices.
Finally, emancipation laws in Michigan do not allow minors to drink alcohol, vote, or engage in other activities that are reserved for adults.

Roadblocks and Issues

While emancipation can provide numerous advantages to a minor, it is important to consider some of the challenges and risks that are associated with this status. An emancipated minor has the same legal responsibilities and obligations that an adult has. As an adult, most duties involve the ability to make one’s own decisions in life and the personal responsibility associated with that. However, these obligations also routinely include being sued, paying taxes, maintaining any contracts and other legal agreements, and more. Moreover, to prove financial independence, the petitioner must demonstrate to the court that they can support themselves, as well as shoulder the risks and obligations that they will be subject to as an adult.
In addition, while emancipation might provide the ability to sign contracts and do business, it does not allow a minor to obtain a driver’s license, vote, join the military, or financially support the minor’s parents or siblings. This leaves many teenagers feeling like emancipation is not the right course for them. As such, parents of minor children routinely ask whether they can cancel the emancipation . In the state of Michigan, the answer is yes. A parent or guardian has only to request a court hearing and explain to the circuit court that their minor child was not truly independent at the time of emancipation. At this hearing, the parent or guardian must show evidence of their control over their minor child’s health care decisions, financial decisions, residency, education, and more. Only when this evidence is provided does the circuit court have the right to remove the minor child’s status as an emancipated individual.
Interestingly, many minors who are not genuinely seeking their own freedom do decide to file a petition for emancipation to exert control over their parents and lives, even though they are not ready to take on all of the obligations and responsibilities of adulthood. To protect parents and guardians from dishonest children, the state of Michigan requires a minor to obtain permission from their parents or guardians prior to filing a petition for termination of affiliations. If a minor tries to petition the court without obtaining this permission, the court will refuse to consider the minor’s request.

Legal Assistance and Guidance

Legal Aid of Southwestern Michigan provides family law forms and information to Michigan residents. Michigan Legal Help is a free website that provides information on a number of family law issues. The Family Center provides legal information and assistance to low-income individuals. It is operated by the Michigan Poverty Law Program in coordination with the People’s Law School. The Michigan Protection and Advocacy Service is a private non-profit organization working to assist individuals in keeping their rights. The Michigan Welfare Rights Organization provides education, outreach, and advocacy to the low income in Michigan.

Past Cases and Insights

A common scenario in Michigan involves a child who is seeking emancipation in order to pursue an advanced degree. In such a case, the child would demonstrate that they had taken a job while in school to pay living expenses, and that they intend to use their earnings to fund their further education. Another situation in which an emancipation petition could be filed is when a minor has taken a job out of state, and seeks emancipation to help him or her be fully on their own. The Court will likely want to hear testimony from the minor’s employer about their abilities, chances of success, and whether the employer would terminate the minor’s employment if they were to file such a petition. These interviews and ability to gain employment would all go to show the court that the minor is not a runaway but instead legitimately needs the mantle of emancipation to help them in their professional career. One major consideration is age. Michigan requires that the child be at least 16 years old. Thus, it does not help a parent to emancipate their 8-year-old . However, there are many parents out there who would likely benefit from an "order denying emancipation" – this form can be obtained through your local courts, and would at least give the child pause before attempting to run away again. A very real aspect of the Michigan emancipation system is that the minor must make a good faith deposit with the clerk of the court with the petition. This requires that the child is not financially dependent on the parent, which could include requiring some kind of income from employment and currently receiving no support from the parent. However, this could also impact a potential runaway – if the court determines that the child does not have sufficient means to support themselves, the court can invalidate the petition and send the police after the child in order to return them to the parent’s active control. This helps ensure that minors do not go out of their way to evade parental responsibilities and dangers found on potentially dangerous streets.