Legal Question in Juvenile Dependency in Michigan

If a seventeen year old is graduated from high school and attending college, can he or she legally move out?


Asked on 9/25/09, 8:17 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Until you turn 18, or get validly married, or are on active military duty, or if you are in police custody and your parent's consent is not available, you are still a minor. You are not yet "emancipated by law". There's a process to become "emancipated by the court", but it's very hard to accomplish (principally because you have to be financially independent enough to meet your own financial needs and most 16 or 17 year old cannot do that).

So, you are still subject to your parents' reasonable commands ... and one of them might be for you to live at home.

Yes, at 17, any law you violate is now deal with in 'adult court'. Yes, you're in college with primarily emancipated adults (18-21 yr olds) who DO have the freedoms you want. Yes, you are all grown up because you've graduated from high school (congratulations!!!) and are in college (again, congratulations!!!), but that does not change your LEGAL rights and responsibilities.

If you do move out against your parents' wishes, it is not a "crime" where you could get arrested. But, technically, you could be brought into the Family Court / Juvenile Division to responde to a petition claiming that the juvenile court should have jurisdiction of you (being a person under 18) who is a runaway (MCL 712A.2(a)(2)), or that you are an "incorrigible youth". Either of these are "stretches", and a prosecutor would likely only support these actions if you were placing yourself as a significant risk of harm by moving somewhere else (like into a drug house or with a registered sex offender).

Parents have a vested interest in being able to supervise / monitor their non-adult children because they can be on the hook financially for losses/damages you cause until you become emancipated. So if you "move out", they can't supervise you, and they might get stuck with the bill. You can't sign a contract yet because you are not 18 and not emancipated. And any contract you might sign (like a lease) is void. But your parents might still have to pay some reasonable value for you occupying that apartment.

Can you even financially support yourself if you move out?

As a practical matter, are you parents paying for some of your college? What if they stop paying because you moved out?

Are these and other likely rifts (which could last years!) caused by you moving out early a price worth paying for a few months/weeks of a personal feeling of independence?

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Answered on 9/30/09, 11:11 am


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