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If you are a minor child being abused or if you know a minor child who is being abused, you can report this by calling Children's Protective Services at 855-444-3911 or calling 911.

This article explains the process of getting emancipated by a court. To learn what it means to be emancipated, read What is Emancipation?

Parents have a duty to care for and support their children. Parents also have the right to make decisions for their minor children. Minors can’t enter into contracts, sue in court, or set up their own homes. Parents can tell their minor child’s employer to give them the child’s paycheck. These rights and duties continue until a child turns 18 years old. But they change when a child is emancipated.

Guardians and custodians also have a duty to care for and support the children in their custody. If you have a guardian or custodian, wherever it says parents in this article, assume it means your guardian or custodian instead or as well.

Things to Think About Before You File

To start an emancipation proceeding, you must file a Petition for Emancipation. You can use the Do-It-Yourself Emancipation tool to create your petition. You will need to know some things before you start.

Emancipation is a serious decision. If you are emancipated, you must act like an adult. You will have many of an adult’s rights and responsibilities. For example, if you’re emancipated you can live on your own. You can register yourself for school. You must also support yourself and pay your debts. If you can’t handle these rights and responsibilities, emancipation may not be right for you.

The judge will order the emancipation if they decide it’s in your best interest. This may happen if:

Your parents don’t object OR if a parent objects, that parent is not financially supporting you
AND you can manage your own financial, personal, and social affairs, and you understand your responsibilities as an emancipated person

Is there a family court case you need to tell the judge about?

You will need to know if you or your family have ever had a family court case. If so, you will need to know:

The court where it was filed
The case number
The judge who heard it
If the case is still pending

A case is still pending if it is open and active. If there has been a judgment or a final order in the case, it is probably not still pending. If there are hearings or court dates coming up, the case is pending.

What will your parents do?

When you file your papers to start your case, you will have to arrange for someone to give each parent a copy of the papers you filed. This is called having the papers served. Think about whether your parents are likely to object to the petition. If a parent objects, the judge won’t emancipate you unless you can prove your parents haven’t been supporting you. If you prove this, the judge will emancipate you if you meet the other requirements.

Can you manage your financial affairs?

You will need to show the judge you can manage your own financial affairs. Explain to the judge how you do this now or what you will do when you’re emancipated. The judge will want to know who you work for and if you know how to handle your money. This might include:

Having a job
Having a bank account
Having money saved
Paying bills yourself
Showing a budget or monthly living expenses

Needs-based assistance, such as cash assistance and food stamps, are not part of supporting yourself. You need something more.

Can you manage your personal and social affairs?

You will need to tell the judge you can manage your personal and social affairs. Explain how you make mature decisions and how you’ve developed community support. This might include:

Having safe and stable housing
Having a network of friends and/or family who can give you emotional support
Having a mentor
Belonging to a church or community group where you meet with people on a regular basis
Showing you are taking responsibility for your education
Showing you have a plan for your own medical care

Show you’re taking responsibility for your education by telling the judge if you’re in school or how you plan to continue your education. If you’re in school, you may want to include attendance records and report cards from your school to show you are responsible.

Have you read the laws?

You will need to read and understand the laws about emancipation. They are MCL 722.1 through 722.6. The petition you will file includes a statement that you have read these. Be sure you understand them before you file the petition.

Get a Certified Copy of Your Birth Certificate

You need a certified copy of your birth certificate to file with the petition.

You may be able to order a certified copy of your birth certificate from the vital records office of the county where you were born. In some counties you need a photo ID to order a certified copy of your birth certificate. Other counties will accept other forms of ID. Check your county’s vital records office’s website or call to see what kind of ID you need. In most counties, you can order your copy in person, by mail, by fax, or online. The cost of ordering a certified copy of your birth certificate varies from county to county, from $10 per copy to more than $50.

You can also order a certified copy of your birth certificate from the Michigan Office of Vital Records. You can order it online, by mail, or in person at the Office of Vital Records in Lansing. To learn more about ordering a copy by mail, visit the Records page on the Michigan Department of Health and Human Services (MDHHS) website. Ordering it through the mail or in person costs $34. If you order it online from the VitalChek website, it will cost $46.

Ordering online requires a credit or debit card to pay the fees. If you order it by mail, you can pay with a money order or certified check. Some counties might also take personal checks. If you order it in person, you can pay with cash.

Get an Affidavit

You will also need an adult who knows you to complete the affidavit on the petition. An affidavit is a written statement. It is made under oath, which means the person making it swears it is true.

The affidavit must be from someone who knows you and is a:

Physician or nurse
Minister, pastor, priest, rabbi or other clergy member
Psychologist
Family therapist
Certified social worker, social worker, or social work technician
School administrator, school counselor, or teacher
Law enforcement officer or
Regulated child care provider

This means you need help from an adult you are close to, whose job is one of those on the list. This must be someone who is willing to say that they believe emancipation is in your best interests. Talk to that person about why you want to be emancipated. Ask the person if they are willing to fill out the affidavit portion of your petition. If they come to your hearing, the judge may also ask them questions.

After you finish using the Do-It-Yourself Emancipation tool, print the petition and give it to the person doing the affidavit. The affidavit is on the second page of the petition. The person completing the affidavit will need to sign it in front of a notary.

A notary can usually be found at a bank or the court clerk's office.

Filing Your Petition

File your petition in the family division of the circuit court in the county where you live. Some courts consider the county your parents, guardian, or custodian live in to be your residence until you are emancipated. You should call your local court to determine the proper residency requirements.

If you were not born in Michigan, you can file a petition as long as you are a resident of the State of Michigan. While some jurisdictions require you to live in your county for one year prior to filing a petition, other courts do not. You should call your local court to determine the proper residency requirements.

You will have to pay a filing fee of $175 when you file the petition. You can ask for a fee waiver if you can’t afford the filing fee. Read Fee Waivers in Court Cases to learn when and how to ask for this. You can use the Do-It-Yourself Fee Waiver tool to complete this form.

Include evidence with your petition

Include any evidence you have with your petition. Evidence is what you show a court to prove your case. This might include pay stubs from your job or receipts for essentials you paid for yourself. It might also include certificates of accomplishment or other documents that show you have made mature decisions.

Evidence also includes testimony from witnesses. You can ask witnesses to come to court and testify. Your parents will get to ask them questions, too. Any witnesses you ask to speak on your behalf may write a letter or sign an affidavit, but it is best if they appear in court as well.

To learn more about how to file your petition and other forms, follow the steps in How to Ask the Court to Emancipate You.

What if one of my parents is dead?

If one of your parents has died, put that parent’s name in the appropriate line in your petition. Put “Dead” or “Deceased” in the address space for that parent.

The court may want a certified copy of the parent’s death certificate. You can get a certified copy of a death certificate from the vital records office of the county where your parent died. In most counties, you can order a copy in person, by mail, by fax, or online. The cost of ordering a certified copy of a death certificate varies from county to county, from $10 per copy to more than $50.

You can also order a certified copy of a death certificate from the Michigan Office of Vital Records. You can order it online, by mail, or in person at the Office of Vital Records in Lansing. To learn more about ordering a copy by mail, read the Records page of the Michigan Department of Health and Human Services (MDHHS) website. Ordering it through the mail or in person costs $34. If you order it online from the VitalChek website, it will cost $46.

After You File Your Petition

After you file your petition, you will need to have a copy of each paper you filed served on your parents. You must also serve a Notice of Hearing on the person who signed the affidavit. To learn more about how to serve these documents, read the steps in How to Ask the Court to Emancipate You.

After you file your petition, the judge has several options. They may:

Investigate your petition
Appoint a lawyer for you
Appoint a lawyer for your parents if they oppose the petition and can’t afford one
Dismiss your petition if the custodial parent does not consent and does support you
Have a hearing

If the judge investigates your petition, a court employee will look into what you said in it. This person may contact you, your parents, and the person who made the affidavit. They might talk to other people, too.

Going to Court

Attend the hearing and be prepared to present your case to the judge or referee. You can generally expect a hearing date 4-6 weeks after you file your petition for emancipation, although the emancipation timeline varies from court to court. The hearing will take place at the time and place written on the Notice of Hearing. Bring all your evidence to court with you. Be ready to talk about the things you wrote in your petition.

Dress neatly. Arrive 10 or 15 minutes before your hearing is scheduled. It’s important to show up on time. Let the judge know you’re there by telling the clerk or officer sitting by the judge’s bench, but do not interrupt the current proceeding.

Be prepared to spend most of the morning or afternoon in court. Bring any witnesses and your evidence with you. Remember to speak clearly, answer any questions the judge or referee asks, and don’t interrupt the judge, referee, or anyone else.

The judge or referee may hear your entire case at the first hearing. The judge or referee could also schedule another hearing date to finish your case.

Appealing the Decision

You can appeal the court’s decision if you disagree with it. So can your parents or guardian. An appeal must be filed with the Michigan Court of Appeals. Appealing a court’s decision is complicated. You may want to hire a lawyer to help you. You can use the Guide to Legal Help to find lawyers and legal services in your area. To learn more about filing an appeal, read the Michigan Court of Appeals manuals on the Michigan One Court of Justice website.

Your Parents’ Responsibilities If You’re Emancipated

If you are emancipated, your parents are still legally obligated to support you. They are not responsible for any debts you incur as an emancipated minor.

Proving You are Emancipated

You can show a certified copy of the court order to prove you’re emancipated. You can get certified copies of the order from the court. You will probably have to pay for the certified copies. In most courts, it costs $10 – $15, but if you get more than one copy at a time the extra ones may be much less. The original court order stays in the court’s file.

Ending the Emancipation

You or your parents can ask the judge to rescind or cancel the emancipation order. A court will cancel the order if:

You have no way to support yourself;
You and your parents agree the order should be canceled; OR
You have moved back in with your parents.

To end an emancipation, you or your parent can file a Petition to Rescind Order of Emancipation with the judge. Read Ending Emancipation to learn more.

Finding a Lawyer

You can hire a lawyer to help you with your emancipation. The court may also appoint a lawyer for you. If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area.

If you are not eligible for free legal services and you can’t afford high legal fees, consider hiring a lawyer for part of your case instead of the whole thing. This is called limited scope representation. To learn more, read Limited Scope Representation (LSR): A More Affordable Way to Hire a Lawyer. To find a limited scope attorney directly, you can:

Call the State Bar of Michigan Lawyer Referral Service and tell them you are looking for limited scope representation;
Go to the State Bar of Michigan Lawyer Search page. Enter the type of lawyer you need (divorce, bankruptcy, etc.) and your city or county, and click "Search." On the search results page, click on the "Pricing" box at the top and select “Limited Scope;” or
Do an internet search for limited scope lawyers in your area.

I Want to Be Emancipated