Legal Question in Juvenile Dependency in Michigan

runnaway laws

about three weeks ago i talked to a state trooper in Mio...i asked him if i am17 am i allowd to move out with out my fathers permission... is that true or no... i have an answer i want from a police officer or the answer i dont want from you...which one is true...


Asked on 6/23/09, 6:10 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: runnaway laws

You got an answer that you like from the cop, and figure you'll get an answer you DON'T like from a lawyer?? That's mature of you.

The short answer is "no", you cannot disobey yuor father's reasonable house rules until you become an adult (by the Law's definition).

Until you turn 18 (when you bcome emancipated by operation of law) or a judge grants your petition to become emancipated, you are a minor and are required to abide by your parents' reasonable orders. You can't sign a contract. Etc. One responsibility of a parent is to provide for the care and custody of their unemancipated children, which includes providing for food, clothing and shelter. Usually, this means that you live at home.

You may think you are an 'adult' and are mature enough to take care of yourself. Odds are, that's not objectively true. Also, you probably cannot provide for your own material needs (with a job that pays enough for all your material needs).

If you leave the house, what can happen to you? Well, I don't see a prosecutor issuing a "Runaway" charge against you under MCL 712A.2(a)(2) because that applies to minors under 17 yrs old to give the Juvenile Court jurisdiction of you. But, a Juvenile Court petition could be filed against you alleging that you are an Incorrigible Youth under MCL 712A.2(a)(3) if you are repeatedly disobeying your parents' reasonable commands, which can include the issue of where you are living. I'd add that most prosecutors would read into this section an issue of whether your incorrigibility is causing you to be at a risk of harm to yourself or others. If the juvenile court gets jurisdiction of you, it can keep jurisdiction until you turn 19, and the court/judge can make every decision your parents could (where you live, etc.).

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Answered on 6/24/09, 8:38 am


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