Can Your Parents Stop You From Meeting With a Lawyer or Getting Emancipated

My name is Alyssa and I live in Michigan. I am fifteen and turning sixteen in a few months. I plan on getting emancipated after I get a job to meet the criteria for emancipation. I have a school councilor lined up as a witnesses to say that I am responsible enough to be emancipated.

I will have no issue with getting the petition but what I want to know is once the petition is signed and my parents receive the information of me getting emancipated can my father legally stop me from getting emancipated or stop me from meeting my lawyer?

How do you intend to convince a court that you're capable of fully supporting yourself?

http://www.michiganlegalaid.org/libr...07.2109843506/

What does the Judge or referee have to decide at the hearing?

At the hearing the probate judge must order the minor emancipated if the judge determines that to be in the best interest of the minor. For the judge to make this determination the minor must be able to show that:

• Parents or guardian do not object or if they do object they are not providing support to the minor.
• The minor is at least 16 years old.
• The minor is a resident of Michigan and that particular county.
• The minor can manage his/her own finances and has either employment or means of support other than Public Assistance such as Food Stamps, TANF, State Disability.
• The minor has the ability to handle personal and social affairs (including proof of housing).
• The minor understands his/her rights and responsibilities under this law. (The minor must read the emancipation law and understand it.)
  
  It is up to the minor to convince the judge that all of these requirements are met. This is done through sworn testimony from the minor and any other persons the minor wants to have in the courtroom to testify about these areas.

You have to have your mother and fathers permission. They aren't just informed. What kind of job do you have that you earn enough money while you're still going to school to completely support yourself and pay for an attorney at 16 ?

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Quoting AlyssaRose213

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I will have no issue with getting the petition but what I want to know is once the petition is signed and my parents receive the information of me getting emancipated can my father legally stop me from getting emancipated or stop me from meeting my lawyer?

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the notice is not that you are going to be or already are emancipated. It is that you have filed to seek emancipation. There is nothing sure about you being emancipated and given the description of your situation, it is not likely to be granted.

You misunderstand the purpose of emancipation. Despite what you learned from your social studies class, emancipation isn't the procedure to escape involuntary parental enslavement, but recognition that an independent child needs relief from certain rules (entering into contracts for things like leases) that would be denied him otherwise.

And, btw, the answer to your subject heading question is yes. Your parents can stop you from meeting with a lawyer or getting emancipated.

That isn't what I asked. I know the steps I have to go through to get emancipated quite well and talked to a few people who are in the process or are going to be going to be in the process soon.

What I asked is of my parent can prevent me from getting a lawyer and going to court to get emancipated.

If you are not going to answer my question and be helpful to me please refrain yourself from replying to my thread.

Thank you.

I work on houses in my free time and get 15% of the profit when the houses are sold off or rented out every month. I have been doing this for two years and as soon as I turn sixteen I will be getting another job elsewhere as well as helping when I can even if it means a lower percentage.

Also that wasn't the question I asked.

Don't tell me your opinion when you don't know me well enough to do so. Also you did not answer the question I asked.

Please do not reply to my treads again.

Thank you.

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Quoting AlyssaRose213

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Please do not reply to my treads again.

Thank you.

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Consider our opinions an added bonus.

You're clearly nowhere near mature enough to be on your own.

Have a fantabulous weekend.

(Btw, I doubt anyone here has found a reason to address your treads or any other footprint you might leave behind)

Oh so you are working illegally and whomever is employing you is subject to fines for employing a minor in a construction industry. I don't suppose you have your work permit, or do you? Of course you are not working more than legally allowed either, right?

so you are going to tell a judge you are supporting yourself through unlawful activities and that is why you should be emancipated?

Actually, I did answer the question you asked. The answer is yes, your parents can prevent you from getting a lawyer and/or getting emancipated.

You don't get to decide who responds to your threads, kiddo.

I have a permit and follow my states rules and regulation's nothing illigal unless getting paid for what I'm doing which is always supervised by the one who is paying me (:

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I was asking you politely before I blocked you from this site. Your choice of course.

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It's not worth my time to disprove your point although I would have loved to. Also your opinion was not asked for and nor is it appreciated by me.

Thank you and I once again ask you to be the so called mature one and walk away before I block you on this site. Have a wonderful night.

We're devastated to learn that you've blocked us.

So, since your parents CAN object and block this pipe dream of yours, can you show that your parents have not been supporting you? If you cannot prove your parents have NOT been supporting you, then the court is almost certainly NOT going to grant you emancipation.

And, until you are emancipated, your parents CAN control who you see, where you go, and what you do.

Keep in mind that a very puny percentage of emancipation applicants actually obtain it, and these are generally kids who are living on their own or supporting themselves for reasons other than their own choices.

in order to be emanicpated in michigan you need to either already be living by yourself and supporting yourself, or have both parent's permission.

emancipation is not going to happen based on the facts you stated.

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Quoting cbg

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Actually, I did answer the question you asked. The answer is yes, your parents can prevent you from getting a lawyer and/or getting emancipated.

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I have a differing view on the issue of whether the parents can prevent the child from getting a lawyer. A child in a legal dispute generally has the same right to get an attorney as an adult does. If the parent could prevent a child from being represented by a lawyer in a dispute between them that would obviously give the parents a tremendous tactical advantage in the legal proceeding. The courts would take a dim view of that. Each side ought to be able to have a lawyer if they want one and can afford it.

That said, the parents likely do not have to pay for the lawyer the kid retains, and a smart lawyer will think twice about representing a minor unless he or she can be assured that the minor’s right to disaffirm contracts will not come back to bite the lawyer later. So a minor might have trouble finding a lawyer to assist with this unless the lawyer is willing to work pro bono or unless legal aid is willing to help.

I agree that winning emancipation is difficult in Michigan where the parents object. In that case, the minor must prove that the parents are not now providing any support for the child. The OP may want to read a booklet from the Michigan Bar Association that explains many of the rights that a minor has and briefly discusses emancipation in it. It makes the point that winning emancipation rulings is rare in Michigan. That booklet can be found here: http://www.michbar.org/file/programs/pdfs/thelaw.pdf

It doesn't sound as if there are any court proceedings yet, and I had the "not paying" in mind. But point taken.

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AlyssaRose213;910183]I have a permit and follow my states rules and regulation's nothing illigal unless getting paid for what I'm doing which is always supervised by the one who is paying me (:

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first, if I was your parent, the first thing I would do upon learning of your intention was rescinding permission for your work permit. Yes, they can do that at any time and there is nothing you can do about it.

Second, as to the occupation itself:

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R 408.6208 Prohibited occupations; construction; excavation; roofing;wrecking; demolition; ship-breaking operations; working with explosive materials,hazardous substances, radioactive substances, respiratory equipment; working in aconfined space; machine operation and maintenance; operating special equipment;working with power-driven hoisting apparatus; occupations requiring use of motorvehicle.Rule 208. (1) A minor less than 16 years of age shall not be employed in anyoccupations in a construction operation, as defined in R 408.6203(d), to include repair orthe cleanup of a construction site.(2) A minor shall not be employed in any occupation involving construction work;additions; improvements; excavating; highway, bridge, and street construction; roofing,as defined in R 408.6203(d), or wrecking; demolition; or ship-breaking operations.

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You did say you were only 15, right? Then from what you have described, YES, the work you are doing is illegal.

so tell me where remodeling a house is not included in the construction industry which does include additions or improvements. As well, you are even prohibited from cleanup for such occupations.

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I was asking you politely before I blocked you from this site. Your choice of course.

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You are the one looking for information. You are the one showing a lack of maturity because you are bothered by information germane to your issue. Do you believe a court will not notice your immaturity?

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It's not worth my time to disprove your point although I would have loved to. Also your opinion was not asked for and nor is it appreciated by me.

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If you are talking to me, I just proved my point. If you think you can disprove it, have at it.