Legal Question in Juvenile Dependency in Michigan

guardianship

my little sister parents are trying to emincipate her and shes is 16 years old with no way of income and is undergoing home counseling how would i get leagal guardianship over her?


Asked on 4/25/08, 7:30 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: guardianship

"Emancipation" should be impossible to get from a judge if the minor has no independent means of supporting herself. For more information about emancipation, go to www.prosecutingattorney.info, click on the Legal Definitions button, and scroll down to "Emancipation". You will see the hoops that have to be jumped through (proof that he/she can manage his/her financial and social affairs, including proof of employment or other means of support; housing; etc.; and attach affidavits from a physician, psychologist, therapist, nurse, clergy, school administrator, school counselor, teacher, law enforcement officer, duly regulated child care provider, or certified social worker with personal knowledge of the minor's circumstances and a belief that emancipation is in the minor's best interests).

I am a little suspicious at to why your sister's parents want to emancipate her at 16 when she has no incoe of her own. Emancipation is supposed to be something in the child's best interests ... not the best interests or convenience of the parents (or to "let them off the hook").

As for applying to be her guardian, the Probate Court will have forms that can be filed. A hearing will occur where the child and/or parents can object. There's also a decision as to whether the guardianship is a full/plenary guardianship or a limited guardianship (where you would control only a select list of issues in the child's life). To do it right, consult with an attorney.

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Answered on 4/28/08, 5:11 pm
Renee Walsh LawRefs Nonprofit

Re: guardianship

File a petition for guardianship. If you would like my assistance, I would be glad to help. Please contact me via my website at www.lawrefs.com.

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Answered on 4/25/08, 8:55 pm


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