Can I move out at 15 in Michigan without parental consent?
3 attorney answers
From ICLE book, Michigan Family Law, Chapter 23 Note the restriction to minors over 16 years old. Best of luck.
C. Petitions for Emancipation
§23.97 What's New in this Section What's New in this Section A petition for emancipation, SCAO form PC 100, Petition for Emancipation, Affidavit, and Waiver of Notice, is filed by the minor in the family division of the circuit court where the minor resides. MCL 722.4a. The petition must be signed and verified by the minor and must contain statutorily specified facts as well as declarations that the minor (1) has demonstrated the ability to handle his or her financial affairs and (2) has the ability to manage his or her personal and social affairs. The petition must also include an affidavit by one of a designated list of professionals who has personal knowledge of the minor’s circumstances and believes that emancipation is in the minor’s best interests. A copy of the petition and a summons to appear at the hearing must be served on the minor’s parents or guardian, and a notice of hearing must be served on the person who provided the affidavit. Id. The summons and petition for emancipation must be served by personal service. MCR 3.618(C)(1) (eff. May 1, 2019). If an interested person’s whereabouts are unknown after a diligent inquiry, the court may issue an ex parte order for an alternative manner of service, including service by publication, to provide notice of the proceedings. MCR 3.618(C)(2) (eff. May 1, 2019). If the court does order service by publication, the notice must be published in a newspaper at least one time 21 days before the date of hearing in the county in which the court is located. MCR 3.618(C)(3) (eff. May 1, 2019).
The interested people in a petition for emancipation of a minor include (1) the minor, (2) the parents of the minor, (3) the affiant on an affidavit supporting emancipation, and (4) any guardian or conservator. MCR 3.618(A) (eff. May 1, 2019).
2. The Court’s Role
§23.98 After a petition is filed, the court may investigate the allegations, appoint an attorney for the minor, appoint an attorney for the minor’s parents or guardian if they oppose the petition and are indigent, or dismiss the petition if the custodial parent does not consent and is providing support. MCL 722.4b. If the petition is not dismissed, a hearing is held before a judge or referee sitting without a jury. MCL 722.4c(1). The minor may specifically request that the matter be heard by a judge. Id.
The court must issue an order of emancipation, SCAO form PC 101, Order Following Hearing on Petition for Emancipation, if it determines that emancipation is in the minor’s best interests and the minor establishes that
(a) The minor’s parent or guardian does not object to the petition or the parent or guardian objecting is not providing financial support for the minor.
(b) The minor is at least 16 years old.
(c) The minor is a state resident.
(d) The minor can manage his or her own financial affairs and personal affairs.
(e) The minor understands his or her responsibilities as an emancipated youth.
The order of emancipation may be rescinded by the family division of the circuit court on a petition brought by the minor or his or her parent or guardian. MCL 722.4d.
The clerk of the court will serve an order issued by the court on all interested persons unless notice was given by publication. MCR 3.618(E) (eff. May 1, 2019).
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
I am sorry to learn of this unfortunate situation. It is always difficult when parents, for whatever reason, cannot deliver the type of love and support a child deserves and respect for difference from the beliefs of the parents.
All that said, from a legal perspective, it is unlikely that a court will allow you to move out at 15. Perhaps if there was a supportive close relative that would be acceptable to parents, they would agree to the relative having guardianship with their permission.
From a practical perspective, given your parents religious beliefs, you are probably going to need to reach out to other trusted adults for support and advice. There are also support groups for other kids in similar situations, as you are not alone in either being dismissed for not sharing parents' religious beliefs or not being supported in your non-traditional sexual orientation.
If you dread going home, get involved in as many after school activities as possible. Find a charitable organization where you can volunteer your time for the good of others. Pet shelters always need help with walking dogs and dogs never judge and are a living example of unconditional love. Maybe even start your own pet walking or sitting service so you can start saving money for when you are 18 and will have choices.
I wish you luck.
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I feel sorry for you especially because there is clearly a lack of communication between yourself and your family. See an attorney or counselor about your options. Emancipation is a slim possibility but there are practical problems such as how would you be able to support yourself and continue your education. Good luck.
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