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Lapeer County 40th Circuit Court - Emancipation of Minor Children

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                      40th CIRCUIT COURT



Emancipation of Minor Children
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 County.
  • 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.

  • Physician
  • Nurse
  • Clergy
  • Psychologist/Therapist
  • Social Worker
  • School Administrator
  • School Counselor
  • Teacher
  • 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.

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