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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 27164
Experience:  16 yrs. of experience including family law.
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How do I get a child declared incorrigible? I live in Mi.

Resolved Question:

How do I get a child declared incorrigible? I live in Mi.
Submitted: 2 years ago.
Category: Family Law
Expert:  P. Simmons replied 2 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Part of this process will depend on the age of the child...can you tell me how old is the child?
Customer: replied 2 years ago.
she is 14
Expert:  P. Simmons replied 2 years ago.
Thank you

I am typing up the answer. It will include links to the law and forms (if they available online).

One more question...what county are you in?

Customer: replied 2 years ago.
Wayne Co.
Expert:  P. Simmons replied 2 years ago.
Wayne county does not have their forms online. You will need to contact the clerk of the court (the wayne county juvenile court has jurisdiction)

The process is straightforward.

In order to be found "incorrigible" minors must be found to be in violation of the MI Probate Code, chapter 712A.2Sec.2(a)(3). You can see that code here

http://www.legislature.mi.gov/(S(dgeczw55elx33r454tzzd055))/mileg.aspx?page=GetObject&objectname=mcl-712a-2

1. The child is repeatedly disobedient to the reasonable and lawful commands of his/her parents,
guardian, or other custodian, and

2. The court finds on the record by clear and convincing evidence that court-accessed services are necessary.

Now, what you will find is that the court is not willing to wade into the family and declare a child incorrigible based on minor misconduct in the home. The court will only step in if the misconduct is both repeated and extreme.

The following are examples of actions where the court will step in, if the minors conduct is repeated (so a one time event is not enough...but repeated conduct as described below would be grounds for the court to weigh in):

- serious and deliberate threats of physical harm to family members;
- acts of intimidation toward household members;
- deliberate injury to home structure, grounds, furnishings or pets;
- serious and repeated violations of curfew;
- refusing to go to school – Schools bring truancy complaints under the
law, however, refusing to attend school contrary to the parents repeated
order to attend. Such a complaint may be filed by the parent even
thought the child is over 16.

And the court will look for evidence that shows that the parents have made repeated efforts to correct the misconduct with the child refusing to comply with parental authority.

If that is what is going on?

You have a good case to request the court declare the child incorrigible.

The application is straightforward. You will file a written complaint (again, the clerk of the court will have the form). The complaint needs to include:

1. The name, birth date and residence of the child (the child must live in Wayne county to file in Wayne County).

2. The names, residence and phone number (if there is one) of the parents, guardian, or other custodian. (If whereabouts are unknown, state unknown and give the last know address.)

3. Itemized statement of the incidents of incorrigibility and the community resources utilized

Part 3 is where you put the effort. You need to fully document the instances. And you want to include specific evidence when available. For example; time and date of police involvement (including copies of the reports if you can obtain them), time and dates of CPS involvement (again, including copies of reports if you have), time and dates of counseling used.

Basically, you want to lay out to the court all the steps you have taken as parents to resolve. If you can show the court it is beyond your power to fix? THe court will step in.



P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 27164
Experience: 16 yrs. of experience including family law.
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