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Emancipation of a Minor Who Was Told to Move Out

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  • 07-20-2010, 01:36 PM
    FruityPan
    Emancipation of a Minor Who Was Told to Move Out
    My question involves emancipation laws for the State of: Michigan [and possibly South Carolina.]

    Please bear with me here,this is a little lengthy:

    My boyfriend is 16,to be 17 in a little less than a month.[I know you guys probably read a lot of boyfriend-girlfriend cases,but this is needed,not wanted.] Anyways,his father [under influence of his own girlfriend who dislikes his son] sent him to live with his mother in March.His mother has a mental handicap,and does not work.Her disability checks aren't enough to support him or his younger sister either.So she stays with a man who is an alcoholic,just to have a roof over her head.

    But about 3 [almost 4 now] weeks ago,a fight erupted between the mother and her alcoholic boyfriend.He said he had had enough,and said that her and her son had to move out by the end of that week.Needless to say,my boyfriend was very upset when he told me this.

    With no other options [father refused to take him back],he was sent down here.He's with a friend of mine,but not for long [till the end of August].Which is bad,because I have nowhere else for him to go.Earlier we made a plan earlier to enroll in Job Corps together;but with him now here,he needs to be emancipated before we can do so.

    Both parents have agreed to it,so my other questions are:
    Where can I get the papers needed? Do the emancipation laws of Michigan apply here,or SC? Since his parents agree,does that speed the process up at all?
    He wasn't doing well with either parent,and wasn't re-enrolled in school at his mother's.Not to mention some emotional abuse,if that means anything.Thanks!
  • 07-20-2010, 01:40 PM
    PattyPA
    Re: Is Emancipation Possible with This Plan and These Circumstances
    Does he have a job that pays enough for ALL his expenses without a roommate? That includes rent, food, clothing, utilities, insurance, transportation, etc. and STILL finish school and pay the expenses related to that?
  • 07-20-2010, 01:44 PM
    Dogmatique
    Re: Is Emancipation Possible with This Plan and These Circumstances
    Emancipation is not appropriate here; what your parents need to do is file for guardianship.
  • 07-20-2010, 01:45 PM
    LawResearcherMissy
    Re: Is Emancipation Possible with This Plan and These Circumstances
    Emancipation is not an option.

    If your boyfriend is being abused, CPS needs to be called.

    Emancipation is for teenagers who, through no fault of their own, find themselves in the extraordinary circumstances of needing to support themselves 100%, because they have no one to help them.

    Your boyfriend does not have a job, nor a proven record of supporting himself over the long term. Emancipation won't happen.
  • 07-20-2010, 01:50 PM
    FruityPan
    Re: Is Emancipation Possible with This Plan and These Circumstances
    Well no.I mean he suddenly changed states,and so he can't legally get a job here yet.But the state could provide us with what we need if we can work this out.
  • 07-20-2010, 02:08 PM
    LawResearcherMissy
    Re: Emancipation of a Minor Who Was Told to Move Out
    No.

    Emancipation is for those who can and do support themselves 100% already. No help from anyone, and especially none from the state.

    Once more: Emancipation is NOT an option.
  • 07-20-2010, 02:15 PM
    cbg
    Re: Emancipation of a Minor Who Was Told to Move Out
    Unless HE is paying for his own support, that is not emancipation. The state does not emancipate minors so that the taxpayers can support him. That's simply not going to happen.

    Emancipation means more than simply not having to live with or listen to your parents any more. It means taking the responsibility for paying his own bills. If he cannot or will not do that, then he cannot and will not be emancipated. Period.
  • 07-20-2010, 02:28 PM
    FruityPan
    Re: Emancipation of a Minor Who Was Told to Move Out
    Okay,so its a very strict thing.Got it.

    Although extreme,his own dad said emancipation can also be granted through marriage.Are the rules with that any different?
  • 07-20-2010, 03:08 PM
    LawResearcherMissy
    Re: Emancipation of a Minor Who Was Told to Move Out
    His father, not to put too fine a point on things, is an idiot. I say this as someone married 20 years: Anyone who allows their minor child to marry is an idiot.

    Both sets of parents need to agree to the marriage in writing, and they need to show up at the courthouse, first of all, since you're both under 18.

    No, the rules don't change. You still have support yourselves.
  • 07-20-2010, 06:16 PM
    cbg
    Re: Emancipation of a Minor Who Was Told to Move Out
    You mean, will the taxpayers shell out for you to play house as long as you get married first? Um, that's a big NO.
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