The Circuit Court Family
Division handles emancipation of minors. To emancipate a minor
means to release a minor, 16 or 17 from parental control and
supervision and the minor being responsible for oneself.
A minor seeking emancipation shall file a
Petition For Emancipation, Affidavit, and Waiver of Notice and
Summons in the 40th Circuit Court. The minor must
meet the following criteria for the Court to consider if
emancipation may be in the minor's best interest:
- The minor's parent/guardian doesn't
object to the petition or the parent/guardian who objects is
not providing the minor with support.
- The minor is at least 16 years of
age/copy of birth certificate attached.
- The minor is a resident of Lapeer
- The minor has demonstrated the
ability to manage his/her affairs, including proof of
employment or other means of support.
- (Other means of support does not mean support by Dept. of Human Services.)
- The minor has the ability to manage
his/her personal and social affairs, including but not limited
to proof of housing.
- The minor has understanding of
his/her rights and responsibilities under this act
It will be the minor's burden of
showing by a preponderance of evidence that emancipation would
be in thier best interest.
The petition shall include an affidavit
by any of the following individuals declaring they have
knowledge of the minor's social & economic circumstances and
believes they can manage thier own affairs and emancipation is
in the best interest of the minor.
- Social Worker
- School Administrator
- School Counselor
- Law Enforcement
- Duly regulated Child Care Provider
A copy of the petition, notice of
hearing, and summons will
need to be served on the minor's parent/guardian and sent to the person that signs the affidavit.
The minor will need to have prepared
Order Following Hearing on Emancipation PC 101 for
signature on the day of the hearing.