EMANCIPATION OF MINORS

In Michigan, there are ways a minor can be emancipated without Court order. These are often referred to as “emancipation by operation of law.” A minor is automatically emancipated when:

1. Validly married;
2. Reaches age 18;
3. On active duty with armed forces of the United States;
4. In need of preventive health care or medical care when the minor is incarcerated in a state or youth correctional facility or special alternative incarceration unit and the parent or guardian cannot be located;
5. In need of routine, nonsurgical medical care, or emergency treatment when the minor is in the custody of a law enforcement agency and the minor’s parent or guardian cannot be located; and/or
6. Circuit Court enters an order.

For more information on this topic, please see MCL 722.4.

To pursue Court-Ordered emancipation, the minor must complete the Petition for Emancipation, PC100. The petition should be filed in the County in which the minor resides,  along with the $175.00 filing fee and a copy of his/her birth certificate.  To pursue this type of filing, the minor must be at least 16 years old and a resident of Michigan. The minor’s parents must consent, or it must be established that the parents are not providing support to the minor.  The petition must include the following:

• The minor’s name, birth date, and county and state of birth;
• The name and last known address of the minor’s parents, guardian, or custodian;
• The minor’s present address and how long he/she has lived at that address;
• The minor has a demonstrated ability to manage his/her financial affairs. (Proof of employment or other means of support must be provided along with the petition.)
• An affidavit from an adult who personally knows the minor, and who believes emancipation is in the minor’s best interest is required. Per statute, the adult must be from a specific category of individuals.  Please see MCL 722.4a(2) for more details.

Once all the required documentation is filed, the matter will be set for a hearing. The minor must serve a copy of the petition and a Summons, PC 79 to appear on the minor’s parents or guardian. A copy of the petition and a completed Notice of Hearing, Form PC 562 must be furnished to the person who signed the affidavit in support of the minor’s request. Prior to the hearing, the Court may have an investigator look into the matter and file a report, and/or the Court may appoint an attorney for the minor.

At the hearing, the minor has the burden of proving that emancipation should be ordered, and the Court must decide if the emancipation is in the best interest of the minor. The court may dismiss the petition if the custodial parent is providing support and does not consent to the petition. If emancipation is ordered, the Court must keep a copy of the order until the minor reaches age 25. The Court’s decision may be appealed by the minor or a parent or guardian of the minor. Appeals must be filed with the Court of Appeals. If an emancipation order is obtained fraudulently, the order is voidable, but the minor is still responsible for any obligations made during the time the order was in effect.