Emancipation of a Minor in Michigan?

Question

I am in the process of filling out a petition for a emancipation. I am of legal age and everything to be emancipated in my state, MI, but I have a few questions. So Here it goes:

1. Can i get my drivers license? The reason I have not received one yet is because the parent I was living with was very controlling and would not allow it. I have recently taken drivers education where I am now living, but the 6months that you have to wait between Drivers Ed., and actually obtaing your license has not yet lapsed. Therfore since emacipation grants you the power to ascertain the same privledges as someone who is an adult, would the power of emancipation waive those remaining months.

2. After emancipation, would I be able to sue my mother for abandonment (e.g financial aid) since she kicked me out of the house, and for abandonment of me when i was younger? (she left when I was 2 w/o notice to my father, and when i was 14 she came back into my life? i am now 16, soon to be 17)

Thanks!!:)

Answer 1

First, no family court judge will grant your requst for emancipation unless you can prove you are mature and independant. So I would make sure I'm in school or employeed full time. In order to be emancipated you have to show you can support yourself and are making plans for your future. I have frequently seen judges deny kids petitions becasue they dropped out of school or had no job or means to provide for themselves.

As for the driver's license you will still have to wait the required time. Being emancipated doesn't give you the right to drink or excuse you from obeying any laws required of a 17 years old. It just says you can make adult decisions regarding your life.

As to your mother paying damages, not likely. If you weren't emancipated and was placed in someone else's custody they could sue your mother for child support. She would be required to pay child support until you 18th birthday. But, when a judge grants child support for a child no longer living with their parents both mother and father are sued. So if you want to sue Mommy but not Daddy that would be a problem.
But that can only happen if you are not emancipated. Emancipation means I live and act as if I was an adult right now so legally make me one. You can't request to be legally considered an adult but still provided for by Mommy.

Goodluck

Answer 2

I am quite sure that you can sue for abandonment for when she kicked you out, because legally a parent can't kick you out until you are 18 and if they do kick you out they are still responsible for paying for your housing, medical care, etc. Once you are emancipated, of course they won't have to pay for things, but if you had to live on your own because she kicked you out, then yes.

I live in Florida, and went through a similar situation when I was 16. I was told by lawyers that I could sue for living expenses. I personally did not pursue the lawsuit, however, since I just wanted to completely put the bad situation behind me, finish college, and just move on with my life.


You will really need to get a lawyer if you plan to sue, though.

What is the situation with your father? He may be responsible financially for some things as well. Again, it is complicated and not a single person on Yahoo Answers will be able to help you, so you need to get a lawyer. In my state, there are free legal clinics for minors seeking emancipation. If you have a law school anywhere nearby, I suggest you contact them and see if they have a family law clinic, or child law clinic.