View Full Version : Emancipation in Indiana
n1kk1
Jun 22, 2008, 12:24 PM
Hi! So I am 17 yearts old and I don't have a mom she left me when I was four. I live with my dad and step mom. And they have agreed to emancipate me. I was removed from the home when I was 13 by child protective services and then I came back just a couple months ago. Things are back to the old... so my dad and I are trying to find out what we need... and how do we do it?! Please help!!
Fr_Chuck
Jun 22, 2008, 12:29 PM
How close to 18 are you since if you are close, for the time and the cost to do it, you may well be easier just to wait. Also while I don't approve, if you have some other family member to live with and you dad lets you, it is possible just to go live with someone else unoffically.
For this, you will have to have a job, prove you can pay all of your own living expenses, not sharing s home with someone else but paying all of your own costs. And of course you have to have an attorneyto represent you in court as you sue your father for it.
smearcase
Jun 22, 2008, 12:33 PM
Maybe this link will help you.
What Constitutes Emancipation To Release A Parent From A Child Support Obligation (http://www.deltabravo.net/custody/emancipate1.php)
I hope you have well thought out plans. It may not be reversible.
Can you get some guidance from Social Services.
JudyKayTee
Jun 22, 2008, 12:36 PM
hi! so i am 17 yearts old and i dont have a mom she left me when i was four. I live with my dad and step mom. and they have agreed to emancipate me. i was removed from the home when i was 13 by child protective services and then i came back just a couple months ago. things are back to the old...so my dad and i are trying to find out what we need...and how do we do it?!? please help!!!
Emancipation in Indiana is on a case by case basis - no definite rule/law. In order to be emancipated you must petition the Court (and your father must agree) and you must meet the following basic conditions (straight from Indiana law), although the Judge may ask other questions and impose other conditions:
'(1) wishes to be free from parental control and protection and no longer needs that control and protection; (2) has sufficient money for the child's own support; (3) understands the consequences of being free from parental control and protection; and
(4) has an acceptable plan for independent living."
You must prove you are self supporting, have some money saved in the event of an emergency, have a plan to live on your own which is acceptable to the Court.
In exchange your father no longer has any legal responsibility for you.
At 18, of course, your father can ask you to leave or you can simply move out.
Could you go back to the foster home until you are 18?
cdad
Jun 23, 2008, 12:49 PM
It seems very odd that the general age of majority is 18 across the board yet some states hold title till the age of 21. As is the case here Indiana doesn't allow emancipation at 18 ( age of majority ) but instead holds it over till 21. Very odd. Is 21 going to be the new 18? Why would Hawaii hold title till 23 ?
JudyKayTee
Jun 23, 2008, 12:52 PM
[Comments on this post
Califdadof3 agrees: I agree. But if the father were to ask the child to leave at 18 they are still obligated to the child until age 21 in that state.]
You are absolutely correct - the age in Indiana is 21. The policy is still the same - there is no policy!
Good catch and I gave wrong advice.
stinawords
Jun 23, 2008, 01:01 PM
Indiana law may say that the age is 21 but it is not enforced unless the kid is in college. If they don't go to college they are on their own at 18. Even if they do go to college if the kid screws up and they are over 18 they are held as an adult not under the responsibility of the parents. If there are any recent cases that show other wise they are very few and far between believe me I've been living here my entire life! Lol
JudyKayTee
Jun 23, 2008, 01:06 PM
Indiana law may say that the age is 21 but it is not enforced unless the kid is in college. If they don't go to college they are on their own at 18. Even if they do go to college if the kid screws up and they are over 18 they are held as an adult not under the responsibility of the parents. If there are any recent cases that show other wise they are very few and far between believe me I've been living here my entire life! lol
Here's my problem and where I got tangled up (I thought 18) - this is what Indiana law says about emancipation. I'm not addressing chld support:
"Age of Emancipation / Age of Majority in Indiana
Indiana Code (IC 31-16-6-6) sets the age of emancipation at 21 years of age. "
Seems like a double sword - 18 or 21?
stinawords
Jun 23, 2008, 01:54 PM
I agree that it seems like a double bladed sword but I know for a fact that at 18 you can live like an adult you can get married with out parents permission you can sign your own contracts for absolutely anything (provided it is a legal something like lease agreements, purchasing contracts ext not drug deals obviously) you go to jail yourself not your parents.