Ordering online requires a credit or debit card to pay the fees. If you order it by mail, you can pay with a money order or certified check. Some counties might also take personal checks. If you order it in person, you can pay with cash. You will also need an adult who knows you to complete the affidavit on the petition.
An affidavit is a written statement. It is made under oath, which means the person making it swears it is true. This means you need help from an adult you are close to, whose job is one of those on the list. This must be someone who is willing to say that they believe emancipation is in your best interests.
Talk to that person about why you want to be emancipated. Ask the person if they are willing to fill out the affidavit portion of your petition. If they come to your hearing, the judge may also ask them questions. After you finish using the Do-It-Yourself Emancipation tool, print the petition and give it to the person doing the affidavit. The affidavit is on the second page of the petition. The person completing the affidavit will need to sign it in front of a notary.
A notary can usually be found at a bank or the court clerk's office. File your petition in the family division of the circuit court in the county where you live.
Some courts consider the county your parents, guardian, or custodian live in to be your residence until you are emancipated. You should call your local court to determine the proper residency requirements. If you were not born in Michigan, you can file a petition as long as you are a resident of the State of Michigan.
While some jurisdictions require you to live in your county for one year prior to filing a petition, other courts do not. Read Fee Waivers in Court Cases to learn when and how to ask for this. Include any evidence you have with your petition. Evidence is what you show a court to prove your case. This might include pay stubs from your job or receipts for essentials you paid for yourself.
It might also include certificates of accomplishment or other documents that show you have made mature decisions. Evidence also includes testimony from witnesses. You can ask witnesses to come to court and testify. Your parents will get to ask them questions, too.
Any witnesses you ask to speak on your behalf may write a letter or sign an affidavit, but it is best if they appear in court as well. To learn more about how to file your petition and other forms, see the checklist in the Emancipation — Becoming an Adult Before Age 18 toolkit.
You can get a certified copy of a death certificate from the vital records office of the county where your parent died. In most counties, you can order a copy in person, by mail, by fax, or online. You can also order a certified copy of a death certificate from the Michigan Office of Vital Records.
After you file your petition, you will need to have a copy of each paper you filed served on your parents.
You must also serve a Notice of Hearing on the person who signed the affidavit. To learn more about how to serve these documents, see the checklist in the Emancipation — Becoming an Adult Before Age 18 toolkit. If the judge investigates your petition, a court employee will look into what you said in it.
This person may contact you, your parents, and the person who made the affidavit. They might talk to other people, too. Attend the hearing and be prepared to present your case to the judge or referee. You can generally expect a hearing date weeks after you file your petition for emancipation, although the emancipation timeline varies from court to court.
The hearing will take place at the time and place written on the Notice of Hearing. Bring all your evidence to court with you. Be ready to talk about the things you wrote in your petition.
Copies of your rent receipts. File your court forms. Staple the items from Step 5 to your Petition. Make 3 copies of all your papers. Get a hearing date. After you take your papers to the clerk for filing, the clerk will ask the judge to sign the Order prescribing Notice on the back of the Petition first.
The clerk will tell you when to come back to pick up your papers. Or, you can leave a self-addressed stamped envelope for the clerk to mail your copies. After the judge signs your papers, the clerk will give you a hearing date and a case number. If you asked for a Fee Waiver see forms , above , the clerk will also let you know if you qualify.
If you did not ask for a Fee Waiver, you have to pay the filing fee. See Probate Fees in the local fee schedule. Your hearing will be in about 10 weeks. The clerk will keep your papers and give you stamped copies.
Serve notice of the hearing. The law says you must notify certain people about the hearing, like your parents, guardian, social worker, and probation officer. If any of these people already signed the consent form, you do not have to serve them notice.
If they did not sign the consent form, you must serve them notice of the hearing. This means someone over 18 — not you — must mail copies of all your court documents to your parents and guardian, social worker, or probation officer if you have one.
People under age 18 are called minors. Parents and guardians also have a duty to provide care and financial support to the minor until age If an emancipation is granted, the parents or guardians no longer have authority to make decisions for the minor. It also means the parents or guardians no longer have to provide the minor with care or financial support. Generally, a minor who is emancipated is considered an adult and will be responsible for making decisions that parents or guardians typically make.
In West Virginia, a minor who is between 16 and 18 years old may file a Petition for Emancipation. The minor must be a resident of West Virginia. A minor over the age of 16 who gets married is automatically emancipated and does not need to file a Petition. However, if you are between 16 and 18 years old you do need written consent from a parent or guardian to get married. No, there are not forms you can fill out.
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