Can a minor move away from a custodial parent?
Full Question:
Answer:
Generally speaking, parents have the right of custody and control over their child until he or she child becomes emancipated either by reaching the age of majority or being granted emancipation by the court. It is not the child's right to decide where to live.
If one parent has physical and legal custody of the child, typically that means the child must live with that parent subject to the rights of visitation that the other parent may have been awarded by the court.
According the Michigan law, unless otherwise ordered by a court order, the parents of an unemancipated minor are equally entitled to the custody, control, services and earnings of the minor, but if 1 parent provides, to the exclusion of the other parent, for the maintenance and support of the minor, that parent has the paramount right to control the services and earnings of the minor. Section 722.2
The age of majority is 18 in the state of Michigan. To become emancipated before then, the minor must file a petition with the court as provided in Statutue Section 722.4a:
722.4a Petition; filing; signature; verification; contents; affidavit; service on parents or guardian; notice of hearing.
Sec. 4a.
(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.
(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).
If, after proper notice and hearing, the court grants the emancipation, the minor gains certain rights.
722.4e Rights and responsibilities of emancipated minor; obligation and liability of parents.
Sec. 4e.
(1) A minor emancipated by operation of law or by court order shall be considered to have the rights and responsibilities of an adult, except for those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, and other health and safety regulations relevant to him or her because of his or her age. A minor shall be considered emancipated for the purposes of, but not limited to, all of the following:
(a) The right to enter into enforceable contracts, including apartment leases.
(b) The right to sue or be sued in his or her own name.
(c) The right to retain his or her own earnings.
(d) The right to establish a separate domicile.
(e) The right to act autonomously, and with the rights and responsibilities of an adult, in all business relationships, including, but not limited to, property transactions and obtaining accounts for utilities, except for those estate or property matters that the court determines may require a conservator or guardian ad litem.
(f) The right to earn a living, subject only to the health and safety regulations designed to protect those under the age of majority regardless of their legal status.
(g) The right to authorize his or her own preventive health care, medical care, dental care, and mental health care, without parental knowledge or liability.
(h) The right to apply for a driver's license or other state licenses for which he or she might be eligible.
(i) The right to register for school.
(j) The right to marry.
(k) The right to apply to the medical assistance program administered under the social welfare act, Act No. 280 of the Public Acts of 1939, being sections 400.1 to 400.121 of the Michigan Compiled Laws, if needed.
(l) The right to apply for other welfare assistance, including general assistance and aid to families with dependent children administered under Act No. 280 of the Public Acts of 1939, if needed.
(m) The right, if a parent, to make decisions and give authority in caring for his or her own minor child.
(n) The right to make a will.
(2) The parents of a minor emancipated by court order are jointly and severally obligated to support the minor. However, the parents of a minor emancipated by court order are not liable for any debts incurred by the minor during the period of emancipation.