Emancipation of a Minor - Self Help

The following information will take you through the steps to emancipate a minor or to rescind (cancel) an order of emancipation. To access any of the necessary forms, click on the form number. To access any of the topics, click on the topics.

Statutes and Court Rules
Using Court Forms
How to Begin
Serving the Petition and Summons
What the Court May do Before the Hearing
Getting and Serving the Order

Statutes and Court Rules

Using Court Forms

Court forms are available for use in proceedings for emancipation. These forms follow the procedures stated in the Michigan Compiled Laws and Michigan Court Rules and can be used without the assistance of an attorney. See details on how to find legal information >>.

When using forms, you are required to provide the total number of copies for use by the court, the parties, and any other person or organization that must receive the form. See the upper-right hand corner of each form to determine the mandatory number of copies and who must receive those copies. When completing a form on-line, you must print the number of copies you will need for filing with the court and service on the parties. Otherwise, you will have to photocopy the proper number of copies before filing the form with the court. If you do not provide the court with the correct number of copies, the court might reject the form for nonconformance under the authority of Michigan Court Rule 8.119(C). Unless specifically required by court rule or statute, the court is not responsible for making copies of forms for you.

Select the form you need from the list below. Instructions for completing and processing a form are provided with each form and can be read online. Make sure you read all the instructions and follow them carefully.

Order Following Hearing on Petition for Emancipation, PC 101
Order Following Hearing on Petition to Rescind Order of Emancipation, PC 103
Petition for Emancipation, Affidavit, and Waiver of Notice, PC 100
Petition to Rescind Order of Emancipation, PC 102
Summons, PC 79

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How to Begin

To begin a proceeding for emancipation, you (the petitioner) must be at least 16 years of age. Complete the Petition for Emancipation, form PC 100, and file it with the circuit court in the county where you live. To rescind (cancel) an order of emancipation, either the minor or a parent of the emancipated minor can complete and file the Petition to Rescind Order of Emancipation, form PC 102. The cost of filing either petition is $150.00.

Petition for Emancipation

You are required to read the laws about emancipation in the Status of Minors and Child Support Act, MCL 722.1 through 722.6 before you sign the petition part of the form. You must also attach a copy of your birth certificate to the petition.

The affidavit part of the form must be completed by one of the following individuals who has personal knowledge of your circumstances and believes that under those circumstances emancipation is in your best interests: a physician, nurse, member of the clergy, psychologist, family therapist, certified social worker, social worker, social work technician, school administrator, school counselor, teacher, law enforcement officer, or regulated child care provider.

Issuing a Summons

The court must issue a summons commanding the parent(s) or guardian of a minor to appear at a hearing on a petition. The court will schedule the time and place for the hearing when you file the petition and will "issue" the summons by dating and signing it.

Petition to Cancel Emancipation

A petition to cancel an emancipation must be filed with the circuit court that issued the order. If the order of emancipation was entered by a probate court (before 1998), the parent or minor must file the petition with the circuit court in the county of the probate court that entered the order.

Issuing a Summons

The court must issue a summons commanding the minor and the parent(s) or guardian of the minor to appear at a hearing on a petition. The court will schedule the time and place for the hearing when you file the petition and will "issue" the summons by dating and signing it.

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Serving the Petition and Summons

A copy of the petition and a summons to appear at the hearing must be served by personal delivery of the court papers to the minor and the minor's parents or guardian. A notice of hearing must also be sent to the individual who completed the affidavit part of the Petition for Emancipation, form PC 100, unless that person waived notice of the hearing by stating that in the affidavit; do not use the Summons, form PC 79, because it is not appropriate for this person. You can use the Notice of Hearing, form PC 562, instead.

Some courts may serve the court papers for you. If a court does not serve the court papers, you will need to do it yourself. See general information about service >>.

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What the Court May do Before the Hearing

After a petition is filed, the court may do one or more of the following:

• assign an employee of the court to investigate the allegations of the petition and to file a report containing the results of the investigation with the court;
• appoint legal counsel for the minor;
• appoint legal counsel for the minor's parents or guardian if they are indigent and if they oppose the petition;
• dismiss the petition if the minor's custodial parent does not consent and is providing support.

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Getting and Serving the Order

You must attend the hearing on the day and at the time and place stated in the summons. You may be required to testify at the hearing. After the hearing, the court will prepare the order. See general information about hearings >>.

Usually the court files and serves the order.

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