Michigan Laws 722.4c – Hearing; issuance of emancipation order; burden of proof; retaining copy of order; emancipation obtained by fraud voidable; appeal
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(1) The hearing shall be before a judge or referee sitting without a jury. If the minor requests that the hearing be before a judge, the hearing shall be before a judge and not before a referee.
(2) The court shall issue an emancipation order if it determines that emancipation is in the best interest of the minor and the minor establishes all of the following:
Terms Used In Michigan Laws 722.4c
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dependent: A person dependent for support upon another.
- Emancipation: means termination of the rights of the parents to the custody, control, services and earnings of a minor. See Michigan Laws 722.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means a person under the age of 18 years. See Michigan Laws 722.1
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(a) That the minor’s parent or guardian does not object to the petition; or if a parent or guardian objects to the petition, that the objecting parent or guardian is not providing the minor with support.
(b) That the minor is at least 16 years of age.
(c) That the minor is a resident of the state.
(d) That the minor has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support. “Other means of support” does not include general assistance or aid to families with dependent children administered under the social welfare act, Act No. 280 of the Public Acts of 1939, being section 400.1 to 400.121 of the Michigan Compiled Laws.
(e) That the minor has the ability to manage his or her personal and social affairs, including, but not limited to, proof of housing.
(f) That the minor understands his or her rights and responsibilities under this act as an emancipated minor.
(3) A minor who petitions the court for emancipation shall have the burden of showing by a preponderance of evidence that emancipation should be ordered.
(4) If the court issues an emancipation order, the court shall retain a copy of the order until the emancipated minor becomes 25 years of age.
(5) An emancipation obtained by fraud is voidable. Voiding such an order does not affect an obligation, responsibility, right, or interest that arose during the period of time the order was in effect.
(6) The minor or a parent or guardian of the minor may file an appeal from the court’s grant or denial of an emancipation petition. The appeal shall be filed in the court of appeals.