Michigan Laws 722.4a – Petition; filing; signature; verification; contents; affidavit; service on parents or guardian; notice of hearing
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(1) A minor seeking emancipation shall file a petition for emancipation in the family division of circuit court in the county where the minor resides. The petition shall be signed and verified by the minor, and shall include all of the following information:
(a) The minor’s full name and birth date, and the county and state where the minor was born.
Terms Used In Michigan Laws 722.4a
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Emancipation: means termination of the rights of the parents to the custody, control, services and earnings of a minor. See Michigan Laws 722.1
- 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
- Parents: means natural parents, if married prior or subsequent to the minor's birth; adopting parents, if the minor has been legally adopted; or the mother, if the minor is illegitimate. See Michigan Laws 722.1
- 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
- Summons: Another word for subpoena used by the criminal justice system.
(b) A certified copy of the minor’s birth certificate.
(c) The name and last known address of the minor’s parents, guardian, or custodian.
(d) The minor’s present address, and length of residency at that address.
(e) A declaration by the minor indicating that he or she has demonstrated the ability to manage his or her financial affairs. The minor may include any information he or she considers necessary to support the declaration.
(f) A declaration by the minor indicating that he or she has the ability to manage his or her personal and social affairs. The minor may include in this section any information he or she considers necessary to support the declaration.
(2) The petition shall include an affidavit by any of the following individuals declaring that the individual has personal knowledge of the minor’s circumstances and believes that under those circumstances emancipation is in the best interests of the minor:
(a) Physician.
(b) Nurse.
(c) Member of the clergy.
(d) Psychologist.
(e) Family therapist.
(f) Certified social worker.
(g) Social worker.
(h) Social work technician.
(i) School administrator.
(j) School counselor.
(k) Teacher.
(l) Law enforcement officer.
(m) Duly regulated child care provider.
(3) A copy of the petition and a summons to appear at the hearing shall be served on the minor’s parents or guardian. A notice of hearing shall be sent to the individual who provided the affidavit required under subsection (2).