Please Read Before Proceeding
This information is not intended to be legal advice, but a brief explanation of the basic procedure that is required. Probate Court personnel cannot give legal advice about your particular situation or complete your forms for you. You are not required to have an attorney; however, the Court cannot act as your attorney. If you do not understand process or have questions on what to do, you will need to obtain other assistance.
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:
- Validly married;
- Reaches age 18;
- On active duty with armed forces of the United States;
- 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;
- 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
- 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.
|Emancipation Information (PDF)
|Petition for Emancipation (PDF)
|Certified Copy of Birth Certificate from Vital Records
|Proof of Service (PDF)
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minor is indigent with no means of support and/or the minor and the parent or guardian agree that the order should be rescinded, and the family relationship has resumed which is inconsistent with the order.
|Petition to Rescind Order of Emancipation (PDF)
|Summons (PDF) (served on the minor or parents or guardian)
|Order Following Hearing on Petition to Rescind Order