You must file an Acceptance of Service or an Affidavit of Service for all of the people required to be served. Make sure all of the papers proving service are filed before your hearing. It is a good idea to review some tips on how to Represent Yourself in Court before you go to the hearing.
Arrive at least 20 minutes early to allow enough time to park, get through security, and find the courtroom. Dress professionally, as if you were going to a job interview.
At the hearing, the judge will ask you some questions and decide whether to grant the emancipation. If the judge grants your request, you will need to provide a Recommendation and Decree of Emancipation to the judge to sign.
You can fill out this form ahead of time and bring it with you to your hearing to speed up the process. Recommendation and Decree of Emancipation pdf. After the judge signs the Recommendation and Decree of Emancipation, you must mail a copy of the order to all of the same people that you served in step 3. You must file a Notice of Entry of Order to notify everyone of the order and as proof that you served everyone.
When you get your signed copy of the Decree, fill out the Notice of Entry of Order and attach a copy of the filed Recommendation and Decree of Emancipation. File this form with the court and mail a copy of the Notice of Entry of Order with the Decree attached to all of the same people you served with the initial paperwork. These people should all be listed in the "certificate of mailing" portion of the form. Notice of Entry of Order pdf. This website is intended to provide general information, forms, and resources for people who are representing themselves in a Clark County court without a lawyer.
The information on this website is NOT a substitute for legal advice. Be prepared to spend most of the morning or afternoon in court. Bring any witnesses and your evidence with you. The judge or referee may hear your entire case at the first hearing. The judge or referee could also schedule another hearing date to finish your case. So can your parents or guardian. An appeal must be filed with the Michigan Court of Appeals. You may want to hire a lawyer to help you.
You can use the Guide to Legal Help to find lawyers and legal services in your area. If you are emancipated, your parents are still legally obligated to support you. They are not responsible for any debts you incur as an emancipated minor.
You can get certified copies of the order from the court. You will probably have to pay for the certified copies. You or your parents can ask the judge to rescind or cancel the emancipation order. A court will cancel the order if:. To end an emancipation, you or your parent can file a Petition to Rescind Order of Emancipation with the judge.
Read Ending Emancipation to learn more. You can hire a lawyer to help you with your emancipation. The court may also appoint a lawyer for you. If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area. This is called limited scope representation.
To find a limited scope attorney directly, you can:. Skip to main content. Google Tag Manager. Search for your legal issue. For complete results, select the county where you live or where your case is filed: Select county. Clair St. If so, you will need to know: The court where it was filed The case number The judge who heard it If the case is still pending A case is still pending if it is open and active. What will your parents do?
Can you manage your financial affairs? This might include: Having a job Having a bank account Having money saved Paying bills yourself Showing a budget or monthly living expenses Needs-based assistance, such as cash assistance and food stamps, are not part of supporting yourself. Can you manage your personal and social affairs? Have you read the laws? Get a Certified Copy of Your Birth Certificate You need a certified copy of your birth certificate to file with the petition.
Get an Affidavit You will also need an adult who knows you to complete the affidavit on the petition. The affidavit must be from someone who knows you and is a: Physician or nurse Minister, pastor, priest, rabbi or other clergy member Psychologist Family therapist Certified social worker, social worker, or social work technician School administrator, school counselor, or teacher Law enforcement officer or Regulated child care provider This means you need help from an adult you are close to, whose job is one of those on the list.
Filing Your Petition File your petition in the family division of the circuit court in the county where you live. Include evidence with your petition Include any evidence you have with your petition.
What if one of my parents is dead? After You File Your Petition After you file your petition, you will need to have a copy of each paper you filed served on your parents. After you file your petition, the judge has several options. Going to Court Attend the hearing and be prepared to present your case to the judge or referee.
Ending the Emancipation You or your parents can ask the judge to rescind or cancel the emancipation order. A court will cancel the order if: You have no way to support yourself; You and your parents agree the order should be canceled; OR You have moved back in with your parents. Finding a Lawyer You can hire a lawyer to help you with your emancipation. Go to your court hearing if you have one If you have a court hearing scheduled, make sure you go to it.
Emancipation hearings vary a lot from county to county. For your hearing:. Read Going to Court for more information on how to prepare for your court hearing. Do this even if you did not have a hearing. You will get copies of the Declaration of Emancipation. Keep them in a safe place. Skip to main content Skip to topics menu Skip to topics menu.
Cancel Print. Advanced Search. How-to Guide. Getting a Declaration of Emancipation 1. Fill out the forms Print or type ALL of the information asked for. Only you can ask the court for emancipation. You have to tell the court where you will live. Remember to sign the petition and write the date. Some courts have special, local forms, too. The forms may be posted on their site.
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