Emancipation

Emancipation by Operation of Law

In Michigan, there are ways a minor can be emancipated without Court order. These are often referred to as “emancipation by operation of law.” A minor is automatically emancipated when:

1. Validly married;
2. Reaches age 18;
3. On active duty with armed forces of the United States;
4. In need of preventive health care or medical care when the minor is incarcerated in a state or youth correctional facility or special alternative incarceration unit and the parent or guardian cannot be located;
5. In need of routine, nonsurgical medical care, or emergency treatment when the minor is in the custody of a law enforcement agency and the minor’s parent or guardian cannot be located; and/or
6. Circuit Court enters an order.

For more information on this topic, please see MCL 722.4.

Petition for Emancipation

To pursue Court-Ordered emancipation, the minor must complete the Petition for Emancipation. The petition should be filed in the County in which the minor resides, along with the $175.00 filing fee.  To pursue this type of filing, the minor must be at least 16 years old and a resident of Michigan. The minor’s parents must consent, or it must be established that the parents are not providing support to the minor.

Rescinding an Emancipation

The parent or guardian of a minor or the minor who has been emancipated by a Court order may petition to rescind or cancel the order if circumstances change. The petition should be filed along with filing fee of $150.00. 

The Court must grant the petition if the minor is indigent with no means of support and/or the minor and the parent or guardian agree that the order should be rescinded, and the family relationship has resumed which is inconsistent with the order.