Michigan Laws 722.4d – Petition for rescission; service of copy and summons; determinations; order; effect of rescission on obligations, rights, or interests; appeal
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(1) A parent of a minor emancipated by court order or a minor emancipated by court order may petition the family division of circuit court that issued the order to rescind the order. If the order of emancipation is entered by the probate court before January 1, 1998, the parent or minor may petition the family division of the circuit court in the county in which the order was entered to rescind the order.
(2) A copy of the petition for rescission and a summons shall be served on the minor or the minor’s parents.
Terms Used In Michigan Laws 722.4d
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Emancipation: means termination of the rights of the parents to the custody, control, services and earnings of a minor. See Michigan Laws 722.1
- Minor: means a person under the age of 18 years. See Michigan Laws 722.1
- Parents: means natural parents, if married prior or subsequent to the minor's birth; adopting parents, if the minor has been legally adopted; or the mother, if the minor is illegitimate. See Michigan Laws 722.1
- Probate: Proving a will
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Summons: Another word for subpoena used by the criminal justice system.
(3) The court shall grant the petition and rescind the order of emancipation if it determines 1 or more of the following:
(a) That the minor is indigent and has no means of support.
(b) That the minor and the minor’s parents agree that the order should be rescinded.
(c) That there is a resumption of family relations inconsistent with the existing emancipation order.
(4) If a petition for rescission is granted, the court shall issue an order rescinding the emancipation order and retain a copy of the order until the minor becomes 25 years of age.
(5) Rescission of an emancipation order does not alter any contractual obligations or rights or any property rights or interests that arose during the period of time that the emancipation order was in effect.
(6) The minor or a parent of the minor may file an appeal from the court’s grant or denial of a petition for rescission of an emancipation order. The appeal shall be filed in the court of appeals.