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  1. #1
    Join Date
    Oct 2006
    Location
    Michigan, Oakland County
    Posts
    35

    Unhappy Finding a Valid Reason for Emancipation

    Is there any possibility or any valid reason for me to pursue emancipation?

    I'm gonna include all info about my situation here...

    my parents have been fighting alot
    they have never physically abused me
    I have snuck out of my house several times and been caught once,
    that one time I got caught is when the police brought me home.
    I had been in a car with a boy.
    In two weeks I will be 16
    My parents recently told me I have to abide by their rules or move out.
    I must sound like a brat but I am seriously considering moving out.
    I just was brought into the police station by my parents because they wanted to report me as commiting crimes.
    they told the police officer and he found some things I have done as criminal activity, actually to be specific, a felony.
    and my boyfriend who is 17 , well my parents are trying to charge him with criminal sexual conduct, third degree. and they are attempting to get a PPO
    my house is somewhat emotionally abusive, but idk i wouldn't want to go out and just blow that out of proportion idk im not like that.
    I will be able to support myself in about a month or two, and i wouldn't file untill i could support myself. i could continue school which i am sad to say is extreamly ****ED UP (excuse my language) because of my parents and I could get it back on track if my dad wasn't in my way making it hard for me to fix it. He made me repeat all of freshman year because i got an F on a test, and he hadn't let me start freshman year till the school year was half over. He then made me s l o w l y repeat freshman year and at the pace he had me going, only 5 classes, it would take me 5 years instead of 4 to get enough credits. plus every time i was in trouble he would take away my home work. I know I have been getting in trouble and it's all worse now that the police are involved. but is there any posibility I could get emancipated if I choose that as the way I want to go. I could get a secure place to live.

    please help

    MICHIGAN

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,384

    Default Re: any valid reason? police involved.... :(

    Being told that you have to follow the rules is not a valid reason to pursue emancipation.

    Having a police record will mean your odds of being emancipated run between slim and none.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: any valid reason? police involved.... :(

    You haven't stated any basis upon which you could be emancipated. But if your parents give you permission to move out, you can move out whether or not you are also emancipated.

  4. #4
    Join Date
    Oct 2006
    Location
    Michigan, Oakland County
    Posts
    35

    Default Re: any valid reason? police involved.... :(

    I understand that not following rules is no reason for emancipation believe me I understand that so much...

    but, it's other reasons that make me want to become emancipated...

    Idk nothing concreate, If i play by the rules for a few months
    untill I make enough money to support myself well, have a place to live, and am doing well in school.... would there be any chances of emancipation then? if the charges go through or are dropped?

    I also think they would agree to letting me live on my own if all that was in place and I behaved by their rules till then.... and they wouldn't hate me...

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: any valid reason? police involved.... :(

    Michigan law provides,
    Quote Quoting MCL 722.4c Hearing; issuance of emancipation order; burden of proof; retaining copy of order; emancipation obtained by fraud voidable; appeal.
    (1) The hearing shall be before a judge or referee sitting without a jury. If the minor requests that the hearing be before a judge, the hearing shall be before a judge and not before a referee.

    (2) The court shall issue an emancipation order if it determines that emancipation is in the best interest of the minor and the minor establishes all of the following:
    (a) That the minor's parent or guardian does not object to the petition; or if a parent or guardian objects to the petition, that the objecting parent or guardian is not providing the minor with support.

    (b) That the minor is at least 16 years of age.

    (c) That the minor is a resident of the state.

    (d) That the minor has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support. “Other means of support” does not include general assistance or aid to families with dependent children administered under the social welfare act, Act No. 280 of the Public Acts of 1939, being sections 400.1 to 400.121 of the Michigan Compiled Laws.

    (e) That the minor has the ability to manage his or her personal and social affairs, including, but not limited to, proof of housing.

    (f) That the minor understands his or her rights and responsibilities under this act as an emancipated minor.
    (3) A minor who petitions the court for emancipation shall have the burden of showing by a preponderance of evidence that emancipation should be ordered.

    (4) If the court issues an emancipation order, the court shall retain a copy of the order until the emancipated minor becomes 25 years of age.

    (5) An emancipation obtained by fraud is voidable. Voiding such an order does not affect an obligation, responsibility, right, or interest that arose during the period of time the order was in effect.

    (6) The minor or a parent or guardian of the minor may file an appeal from the court's grant or denial of an emancipation petition. The appeal shall be filed in the court of appeals.
    Do you believe that what you describe would satisfy the court?

  6. #6
    Join Date
    Oct 2006
    Location
    Michigan, Oakland County
    Posts
    35

    Default Re: any valid reason? police involved.... :(

    thank you ..........................

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