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My 17 year old daughter has left home and claims that's her…

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My 17 year old...

My 17 year old daughter has left home and claims that's her right as a 16 year old. What can I do?

Lawyer's Assistant: Family law varies by state. What state are you in?

Michigan

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 10 months ago.Category: Family Law
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9/27/2017
Family Lawyer: FamilyAttorney, Lawyer replied 10 months ago
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,552
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 38 years
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Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, contracts, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me time to type it up for you. It may take a few minutes, so please understand that. Thanks!

If a request for a phone call comes in, it is from the site, not from me. I will be happy to have a phone call with you but only if you want it. If you would like to request a phone call, that’s fine too. There is no pressure and we can stay here if you’d like.

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Customer reply replied 10 months ago
I'm willing to talk anyway as long as my card is not charged anything else
Customer reply replied 10 months ago
I would just like my question answered
Family Lawyer: FamilyAttorney, Lawyer replied 10 months ago

I'm sorry to hear you're having difficulty with your daughter. I know this firsthand and also had many cases which involved teens who left home.

This is a tough one here, because she's 16, as I will explain.

First, she is wrong. She can't just leave the house and she doesn't have that right as a 16 yr old. You are responsible for her well-being and at this point were anything to happen to her, you could be responsible, so of course your goal is to get her to come back, willingly.

If she were 16, you would have had the right to bring a petition for incorrigibility in the juvenile court.

The law states:

I. Definition of Incorrigibility - Refers to children under 17 years of age. A. Minors must be found to be in violation of the Michigan Complied Laws, Probate Code of 1939, MCL 712A.2,Sec,2(a)(3) as follows: 1. The juvenile is repeatedly disobedient to the reasonable and lawful commands of his or her parents, guardian, or custodian, and the 2. Court finds on the record by clear and convincing evidence that Court-accessed services are necessary. B. Incorrigibility is more than simple disobedience. It includes running away.

A phone call is a separate service, as indicated above, so we can stay here.

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Customer reply replied 10 months ago
As I said in my question she's 17
Customer reply replied 10 months ago
She's living with her 19 year old boyfriend. She's missing school and looks like she's not taking care of herself
Family Lawyer: FamilyAttorney, Lawyer replied 10 months ago

Right, so that's where it gets tough. The courts cannot help you. You can't file an incorrigible petition because of her age. You do have the right to go to the police to get her listed as a missing child and have the police bring her in. You can also get an attorney or a therapist, or both, to sit down with both of you and to work things out, but there is nothing in the law that can help you because of her age, so you have to take matters into your own hands. I wish I had better news for you, but I'm just the messenger.

Here's the thing -- that's a problem that she is missing school and not taking care of herself, and you don't want to be charged with neglect of the child. I would consult with a local family attorney to see if there's anything you can do to bring her home. If she's with a boyfriend, that's going to be hard to do, and I'm sure you realize that.

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Customer reply replied 10 months ago
Thanks for your help. Have a great day.
Family Lawyer: FamilyAttorney, Lawyer replied 10 months ago

Is there anything else I can help you with? I know this is a tough issue, but this is the law, and the law allows incorrigibility petitions when they're younger than 17, not when they're 17.

My advise is to consult with a local attorney so that you are protected in the event that something happens to her or you could be charged with neglect, including educational neglect. Now we're talking about protecting YOU. That's important. That's really important because having a neglect charge on you is going to affect your life.

I can help you find lawyers if you'd like in your area. Just let me know if you need that assistance.

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Customer reply replied 10 months ago
I'll save my money to see an attorney here, I guess. Seems to be my only option
Family Lawyer: FamilyAttorney, Lawyer replied 10 months ago

I wish I had better news for you but I am giving you the benefit of 37 years of being a lawyer AND I am a family lawyer. This is what I do for a living. It's too bad, because other states have under the age of 18, while MI has under the age of 17. Otherwise you would have been able to file an incorrigibility petition.

Please know, I'm on your side, I'm just the messenger, my son went thru this too but I was able to file because he was under 18.

I do want you to protect yourself because until she is emancipated, you are responsible for her. I hope you can reason with her but if she's with her bf, it's unlikely. You can try to see if she can file for emancipation so that you don't have any liability.

Please let me know if there’s anything else I can help you with. That includes looking for lawyers. I’m happy to do so! I’m here most of the time (usually at night!) so you can always come back and talk to me (no extra charge) after I’m rated. If I’m not here, I will get an email if you leave me a question.

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Feel free to come back here for a follow-up question based on this one.
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