Submitting Affidavits in Support of a Petition for Emancipation
My question involves juvenile law in the State of: Michigan
Hello, I am here today regarding several questions about emancipation laws coinciding with affiants and legal affidavits.
My name is Jake, and I have just recently filed for emancipation. The question I have today regards with Section 722.4a Petition; filing; signature; verification; contents; affidavit; service on parents or guardian; notice of hearing, of (Act 293 of 1968, STATUS OF MINORS AND CHILD SUPPORT (EXCERPT)), subsection(2).
Section 722.4a states that:
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(2) The petition shall include an affidavit by any of the following individuals declaring that the individual has personal knowledge of the minor's circumstances and believes that under those circumstances emancipation is in the best interests of the minor:
(a) Physician.
(b) Nurse.
(c) Member of the clergy.
(d) Psychologist.
(e) Family therapist.
(f) Certified social worker.
(g) Social worker.
(h) Social work technician.
(i) School administrator.
(j) School counselor.
(k) Teacher.
(l) Law enforcement officer.
(m) Duly regulated child care provider.
However, I was able to file a petition of emancipation included with an affidavit by an individual not listed above. The legal definition of an affidavit is ("n. 1) any written document in which the signer swears under oath before a notary public or someone authorized to take oaths (like a County Clerk), that the statements in the document are true. 2) in many states a declaration under penalty of perjury, which does not require the oath-taking before a notary, is the equivalent of an affidavit." http://dictionary.law.com/Default.as...#ixzz3wQA4JtNO).
My question is this: Due to the fact, that the affiant of the affidavit provided on the petition (which was legally signed and notarized) is not one of the listed authoritative individuals above, will this affect the legality of the petition or ability for myself to receive a hearing?
**Subnote: The affiant who signed the affidavit has previous been certified as a CNA, and is willing to testify in the court case hearing.
Re: Submitting Affidavits in Support of a Petition for Emancipation
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stilsonjake
My question is this: Due to the fact, that the affiant of the affidavit provided on the petition (which was legally signed and notarized) is not one of the listed authoritative individuals above, will this affect the legality of the petition or ability for myself to receive a hearing?
No, it will not affect the legality of the petition nor will affect your ability to receive a hearing.
Here's what it will affect. The statute says "shall" include an affidavit by one of the listed professionals. When a statute says "shall" it means that you get an affidavit from EXACTLY one of the listed professionals or you have not complied with the statute.
That being said, there is no way to predict how the court would rule on the testimony of someone who was once a listed professional but is no longer.
The court is looking for testimony from a person on the list who has interacted with you professionally, not just someone you happen to know who used to be CNA and is willing to come to court for you.
If you cut corners on that you may fail in your quest for emancipation.
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stilsonjake
**Subnote: The affiant who signed the affidavit has previous been certified as a CNA, and is willing to testify in the court case hearing.
Again, there is no way of predicting whether the court will allow or accept the testimony of someone who is not currently a listed professional.
Therefore I suggest that you not rely on just the testimony of that one person, but get somebody else on the list to also submit an affidavit and testify.
How old are you and have you also complied with the following parts of the emancipation statute?
https://www.legislature.mi.gov/mileg...ct-293-of-1968
A copy of the petition and a summons to appear at the hearing shall be served on the minor’s parents or guardian. A notice of hearing shall be sent to the individual who provided the affidavit required under subsection (2).
(e) A declaration by the minor indicating that he or she has demonstrated the ability to manage his or her financial affairs. The minor may include any information he or she considers necessary to support the declaration.
(f) A declaration by the minor indicating that he or she has the ability to manage his or her personal and social affairs. The minor may include in this section any information he or she considers necessary to support the declaration.
Keep in mind that, with regard to (e) and (f) it's not your declaration (sayso) that counts, it's how you document those declarations.
How have you done that?
Re: Submitting Affidavits in Support of a Petition for Emancipation
If you choose not to fulfill the statutory requirement, and submit an affidavit from a person who is not on the list of people whose affidavits may be considered by the court in support of your petition, you should anticipate that the court will not consider that affidavit when evaluating your petition. If that is the only affidavit you submit, then the court can quite reasonably find that you failed to include the required affidavit, and may deny your petition on that basis.
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adjusterjack
The court is looking for testimony from a person on the list who has interacted with you professionally, not just someone you happen to know who used to be CNA and is willing to come to court for you.
I think the issue here is that the person is a CNA, but that a CNA is not one of the professionals described in the statute. Assuming CNA refers to a Certified Nursing Assistant, that's far from the same thing as actually being a nurse.
Re: Submitting Affidavits in Support of a Petition for Emancipation
I am 16 year of age, and have met all other requirements for filing the petition.
I kept my declarations short, as I have documentation of all my financial affairs since June of 2015 when I moved out of my parents house. This includes, but is not limited to: receipts, bank statements, paycheck stubs, bills, etc. In which I plan to bring to the hearing if further questioned. I am well aware of the necessary items in which will bring approval, as I have been planning and researching for over a six-month period. I have documentation of my car, my phone, my living arrangements, medical information and doctor visits, etc. to further enforce social affairs.
As I have said, the petition has already been filed with the district family court in my county. Along with a waiver/suspension of fees and costs, and waiver/consent by my presiding custodial parent.
The court is looking for testimony from a person on the list who has interacted with you professionally, not just someone you happen to know who used to be CNA and is willing to come to court for you.
The person of interaction has know me before I left my parent's home, and we have grown very close at this point. She has become a second-mother too me, and I myself have shown up in her daughter's court cases as well.
Re: Submitting Affidavits in Support of a Petition for Emancipation
"The affiant who signed the affidavit has previous been certified as a CNA,"
I took that to mean that the affiant is no longer certified as a CNA.
Perhaps OP will clarify that.
But you're right. Even if there was a current certification as CNA, a CNA is not specified on the list.
Re: Submitting Affidavits in Support of a Petition for Emancipation
I am 16 year of age, and have met all other requirements for filing the petition.
I kept my declarations short, as I have documentation of all my financial affairs since June of 2015 when I moved out of my parents house. This includes, but is not limited to: receipts, bank statements, paycheck stubs, bills, etc. In which I plan to bring to the hearing if further questioned. I am well aware of the necessary items in which will bring approval, as I have been planning and researching for over a six-month period. I have documentation of my car, my phone, my living arrangements, medical information and doctor visits, etc. to further enforce social affairs.
As I have said, the petition has already been filed with the district family court in my county. Along with a waiver/suspension of fees and costs, and waiver/consent by my presiding custodial parent.
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Mr. Knowitall
The court is looking for testimony from a person on the list who has interacted with you professionally, not just someone you happen to know who used to be CNA and is willing to come to court for you.
The person of interaction has know me before I left my parent's home, and we have grown very close at this point. She has become a second-mother too me, and I myself have shown up in her daughter'
Re: Submitting Affidavits in Support of a Petition for Emancipation
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stilsonjake
The person of interaction has know me before I left my parent's home, and we have grown very close at this point. She has become a second-mother too me, and I myself have shown up in her daughter's court cases as well.
It's fine to submit affidavits from people who are not on the list, or to have them come to the hearing to potentially provide testimony in support of your petition, but that should be in addition to the required affidavit from a person who fulfills the statutory requirement.
Re: Submitting Affidavits in Support of a Petition for Emancipation
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stilsonjake
I am 16 year of age, and have met all other requirements for filing the petition.
I kept my declarations short, as I have documentation of all my financial affairs since June of 2015 when I moved out of my parents house. This includes, but is not limited to: receipts, bank statements, paycheck stubs, bills, etc. In which I plan to bring to the hearing if further questioned. I am well aware of the necessary items in which will bring approval, as I have been planning and researching for over a six-month period. I have documentation of my car, my phone, my living arrangements, medical information and doctor visits, etc. to further enforce social affairs.
As I have said, the petition has already been filed with the district family court in my county. Along with a waiver/suspension of fees and costs, and waiver/consent by my presiding custodial parent.
You, my friend, are already emancipated and all you are basically doing now it asking the court to officially remove the disability of minority that attaches to your age. Removing that disability essentially declares that you are an adult and can be held liable for all contracts and agreements that you enter into where you could have repudiated most of them as a minor who has no legal capacity to contract.
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stilsonjake
The person of interaction has know me before I left my parent's home, and we have grown very close at this point. She has become a second-mother too me,
So, basically, you are bringing a friend to court who is biased in your favor instead of bringing a professional from the list who has interacted with you professionally over time.
As positive as everything you have written is, you have to understand that one of the elements of being an adult is following the rules.
Take our advice and get somebody from the statutory list. Pick one that's quick and easy to arrange. But do it.
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stilsonjake
I myself have shown up in her daughter'
I don't think you meant to say that.