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How Can an Abused Minor Get Emancipated

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  • 11-08-2012, 01:22 PM
    zombies
    How Can an Abused Minor Get Emancipated
    I live in the state of Michigan, and a friend of mine is wanting to move out. The only problem we have is that he needs to switch schools. And if his parents do not agree with signing the transferring papers/him moving out, my parents would like to get him emancipated. In his home, he doesn't get much support.

    He is 17 years old, and it IS legal for a 17 year old to leave home in Michigan. If he we could, we'd just take him. But like I said, we need him to switch schools.

    I've read how to get emancipated on several sites. My main questions are:

    1. If his parents don't approve, can he still get emancipated?

    2. Does he HAVE to live on his own, or is with a friend okay?

    Answers backed up with the Michigan's laws would be great. (Example: MCL 722.52)
  • 11-08-2012, 01:32 PM
    cbg
    Re: How to Get Emancipated
    http://www.kalcounty.com/courts/prob...ancipation.htm
  • 11-08-2012, 01:32 PM
    free9man
    Re: How to Get Emancipated
    Quote:

    Quoting zombies
    View Post
    In his home, he doesn't get much support.

    What do you mean by this? Is he given food and shelter, not abused? If so, it ain't likely to happen at all.

    Quote:

    Quoting zombies
    View Post
    I've read how to get emancipated on several sites. My main questions are:

    1. If his parents don't approve, can he still get emancipated?

    Theoretically? Yes. But it would so difficult in the circumstances you have described as to be impossible.

    Quote:

    Quoting zombies
    View Post
    2. Does he HAVE to live on his own, or is with a friend okay?

    Yup. He has to be totally self-sufficient.

    There are a huge amount of hoops he must jump through. Depending on when his 18th is, it likely won't even get resolved by then.

    See MCL 722.1 - 722.6
  • 11-08-2012, 01:44 PM
    zombies
    Re: How to Get Emancipated
    Quote:

    Quoting free9man
    View Post
    What do you mean by this? Is he given food and shelter, not abused? If so, it ain't likely to happen at all.

    He is mentally and emotionally abused by he step-father. Possibly physically, but he wont bother telling me. His step-dad and him are close...but, like I said, abusive.
  • 11-08-2012, 02:00 PM
    free9man
    Re: How to Get Emancipated
    Not seeing any grounds for emancipation. If he is being abused, it should be reported to the authorities.
  • 11-08-2012, 04:26 PM
    cdwjava
    Re: How to Get Emancipated
    I love that term "mentally abused," and it's companion, "emotionally abused." What do they mean??? Is having to be in by 8 PM "abuse?" Is being required to tell your parent where you are going after school "abuse?" I know teenagers that will say "yes" to this.

    In short, these ambiguous terms without any meaning will get him nowhere in any claim for emancipation with cause. He is better off just waiting until he is 18 and then hoping he can leave home with at least some of the things his parents have provided for him.
  • 11-08-2012, 04:30 PM
    flyingron
    Re: How to Get Emancipated
    We don't turn abused kids on the street to fend for themselves. If there is actual abuse, call 800-4-A-CHILD or talk to a counselor at school.
    The proper response is to change the custodial care NOT to let them run off on their own.
  • 11-08-2012, 08:17 PM
    zombies
    Re: How to Get Emancipated
    Quote:

    Quoting cdwjava
    View Post
    I love that term "mentally abused," and it's companion, "emotionally abused." What do they mean??? Is having to be in by 8 PM "abuse?" Is being required to tell your parent where you are going after school "abuse?" I know teenagers that will say "yes" to this.

    Uhm...sorry, but that's not what I mean when I say mentally and emotionally abused. You are clearly stupid for even asking that question. You don't know the whole story. All you need to know is that he has major anxiety and his step-dad doesn't give two shits. It has nothing to do with bed times or telling parents where you are.
  • 11-08-2012, 08:24 PM
    Disagreeable
    Re: How Can an Abused Minor Get Emancipated
    It seems every teen has an anxiety their parents don't give two shits about. It is called growing a pair and learning to be an adult.
  • 11-08-2012, 08:46 PM
    cdwjava
    Re: How to Get Emancipated
    Quote:

    Quoting zombies
    View Post
    Uhm...sorry, but that's not what I mean when I say mentally and emotionally abused. You are clearly stupid for even asking that question.

    Hardly. I deal with these matters every day and have worked juvenile crimes since you were probably in grade school.

    Please provide the legal definition of "emotional abuse" or "mental abuse" and how they might apply to any petition for emancipation. Alternatively, please describe what YOU mean by these terms.

    Quote:

    You don't know the whole story. All you need to know is that he has major anxiety and his step-dad doesn't give two shits. It has nothing to do with bed times or telling parents where you are.
    You're right, I do not know the whole story. But, the law doesn't take "the whole story" into account, either. The point is that the term you used is legally meaningless. And, with regards to emancipation, they mean nothing. Note that the statutes for emancipation do not address abuse at all. Neglect or physical abuse could be a reason to get child services involved and have him placed into foster care, but they are NOT going to help him become emancipation.
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