I'm 15, and my boyfriends 17. We live in Indiana, marriage has come up, but I have heard since we are both minors unless my mom or dad decide to press charges he won't get in trouble, and I was also wondering if you have to have both parents sign for me to get married. Or how emancipation would work out.

Indiana Code 35-42-4 (http://www.in.gov/legislative/ic/2010/title35/ar42/ch4.html)
Here's indiana's laws regarding minors and sex. I'm going to ask that your post be moved to the legal boards so that some of our legal experts can best help you.

While this is still here on the pregnancy board though, I'm going to offer you my opinion on you getting married and/or emancipated. Neither one will solve everything or necessarily make raising the child (assuming you are keeping it) any easier. It may even make it more difficult. Even guys that seem responsible and willing to stick around and help out don't always stay after a few sleepless nights with a crying infant. There's a lot that goes into even just being on your own, and even more that goes into being on your own with a child.

You have to be able to keep a roof over your head and your child's head. You have to keep food on the table, the utilities running. Your education is so important. You have to figure out how to finish school and still care and provide for your child. Diapers, car seat, clothes, toys, formula, baby food- it all adds up pretty quickly.

Add adjusting to married life with financial and emotional strain and it's often a recipe for disaster. Have you talked with your parents yet? Whatever you decide to do, you'll want their support and should talk to them sooner rather than later.

I already talked to my mom, and told her. We're keeping the baby yes. But my mom says she wants to do temporary custody because of insurance reasons, but she could quickly turn that around on me, and my boyfriend. I don't like her idea at all, and neither does my boyfriend. My mom said its either her way or I can move. But if I move out my dad would want me to live with him, and he would want me to get an abortion, so I don't want to do that. I won't do that, and he wouldn't help me with the child at all. His girlfriend have a child with many health problems because they don't take proper care of the child. And she has gotten 2 abortions herself. So that's why I went to the marriage option.

What do you think getting married will do for you? A lot of times it seems that people think getting married will solve problems when all if really does is create more. So what's the reasoning for wanting to get married? What benefit does it have for you, your child, and your boyfriend?

Then the child can have insurance, because I won't give my boyfriend sole custody just because that's like temporary custody, and then if I have to move out I won't have to live with my dad, because if I am forced to move here and my other parent wants to have custody of me then I have to live with him and I am against abortion unless raped, and I wasn't raped, so I'm not going to do that.

Indiana Code 35-42-4 (http://www.in.gov/legislative/ic/2010/title35/ar42/ch4.html)

I've read this entire statute. Nowhere does it say anything about a 17yr old. From what I gathered as long as she is over 14 and he is under 18 then nothing will happen. ( I could be wrong though)

So what is your question? Is about getting married or about your b/f getting into trouble for this?

... i was also wondering if you have to have both parents sign for me to get married. or how emancipation would work out.


"IC 31-11-2-1
Necessity of consent to marry
Sec. 1. Except as provided in section 3 of this chapter, each individual who is less than eighteen (18) years of age must obtain consent under this chapter before the individual may marry."

"IC 31-11-2-2
Execution of consent to marry
Sec. 2. (a) A consent to marry under this chapter must be signed and verified in the presence of the clerk of the circuit court by:
(1) both parents, natural or adoptive, of the individual who is less than eighteen (18) years of age;
(2) the legally appointed guardian of the individual;
(3) one (1) parent of the individual if legal custody has been awarded to that parent by a judicial decree; or
(4) one (1) parent if the other parent:
(A) is deceased;
(B) has abandoned the individual who is less than eighteen (18) years of age;
(C) is physically or mentally incompetent to furnish the written consent; or
(D) is an individual whose whereabouts is unknown.
(b) If only one (1) parent signs the consent under subsection (a)(3) or (a)(4), the consent must contain a verified statement of fact that explains why only one (1) parent is required to sign the consent."

"IC 31-11-2-3
Issuance of marriage license to minor not obtaining required consent; procedure
Sec. 3. (a) An individual who is less than eighteen (18) years of age may marry if:
(1) the individual petitions the judge of the circuit or superior court of a county that is:
(A) the county of residence of the individual or the county of residence of the individual that the individual intends to marry; or
(B) a county that adjoins a county described in clause (A);
(2) the judge of the circuit or superior court directs the clerk of the circuit court to issue the individuals who intend to marry each other a license to marry without obtaining the consent required by section 1 of this chapter; and
(3) the individual is not prohibited from marrying for a reason set forth in IC 31-11-1.
(b) The petition made under subsection (a)(1) may be made in writing or orally. The judge of the court may conduct investigations

and hold hearings on the petition. The judge may, by written order, direct the clerk of the circuit court to issue a marriage license under subsection (a)(2) if the judge:
(1) considers the facts relevant to the issue presented by the petition;
(2) finds that good and sufficient reason for the order has been shown; and
(3) finds that the order is in the best interest of all persons concerned with the issues raised in the petition."

Indiana Code 31-11-2 (http://www.in.gov/legislative/ic/code/title31/ar11/ch2.html)

So, yes, you have to get parental consent unless a judge waives that requirement. I assume that, under section 31-11-2-2, "custody" means "legal custody". Most custody decrees give both parents shared legal custody. If that is true in your case, both parents would have to sign (unless you can get a judge to dispense with that requirement).

then the child can have insurance, because i won't give my boyfriend sole custody just because thats like temporary custody, and then if i have to move out i won't have to live with my dad, because if i am forced to move here and my other parent wants to have custody of me then i have to live with him and i am against abortion unless raped, and i wasn't raped, so i'm not going to do that.


Where are you getting this idea that if you get married your child will have insurance? Or that giving your boyfriend sole custody is anything like temporary custody?

And your father cannot force you to have an abortion. Nor can either of your parents put you out on the street. Even if you're pregnant you are still a minor and for the time being they are responsible for your care.

ITstudent2006, the question was about my boyfriend being in trouble was one, and the other was what to do about my mom.

justcurious55, if my boyfriend has a job, and we're married, the child can get insurance through him, but if we're not married the child can not get insurance through him, unless I gave him sole custody, and I didn't mean it was like temporary custody, but in my case if I did either one I'd feel like the child wasn't mine. That's why I said they were alike because I feel the same about both of them, and I don't want to do either one. Being married would also not make me have to live with my dad, my mom seems to think she can kick me out, so, I was just asking because I don't know all the law and she will only tell me what she wants me to know. I am just trying to figure it all out so I know what to do . Getting married isn't trying to solve problems, its trying to get my child insurance so I don't have to go through my mom. The less I have to have her help the better.

... if my boyfriend has a job, and we're married, the child can get insurance through him, but if we're not married the child can not get insurance through him, unless i gave him sole custody ...

Just because he has a job doesn't mean he gets free insurance. It depends on a lot of things. It's generally the employer's decision.

And no, whether he can get insurance doesn't normally depend on whether he has sole custody. Non-custodial parents who are required to pay child support are also ordered to provide health insurance all the time.

If we're together, and he's paying for diapers, wipes, food, clothes etc then do I need to do the child support ? I wasn't planning on making him pay child support. Now can medicade help ? My mom said something about putting me on medicare, but I don't know since I'm 15 if I can find a way to get insurance on the baby.

As soon as your mom contacts the state and you start receiving benefits they are going to go after him for child support. If your not married then you should seek it also regardless of your living status. Because of your age you can't sign documents or anything in regards to yourself. You still need your parents for that. With regards to the child you are allowed to sign for medical treatment and make decisions.

In the end this whole situation is very sad.

Do you currently have any sort of health insurance or coverage from your parents?

Does your boyfriend actually have a job right now? If not, he needs to get one and when he's applying he needs to ask about what sort of benefits he will get. Many places that do offer benefits also have certain criteria you have to meet. For example, my place of employment offers benefits to full and part time employees but you have to get past a probationary period plus a certain number of weeks afterward I think and work a minimum average of 20 hours a week to qualify. And then once you qualify you can get coverage for yourself and certain family members. And initially, when you meet the criteria you get once chance to join. And if you choose not to (which one might choose to do if they are a minor and still on their parents' insurance), then you have to wait until a certain time of the year before you'll have the option on getting coverage. Your boyfriend will need to speak with his employer (or future employer) to find out if he will be able to have coverage for the baby.

Is there a way I can pay for insurance on the child, like could medicaid or something work ? & I have coverage from medicaid right now for me, and I have my dads, but my dads insurance doesn't pay for anything to do with pregnancys. And he doesn't have a job right now, he's going to get on though, but he doesn't have to have sole custody to get insurance for the baby ?

No he doesn't. All that has to be proven is its his child and that he is responsible for the child. (speaking of the father)

Just throwing in my two cents - anything that is NOT COURT ORDERED CHILD SUPPORT is a gift in the eyes of the law and DOES NOT count as child support. A father (or mother) who buys supplies instead of paying by Court Order is not legally supporting the child.

A mother who does not get Court-ordered child support is selling her child short.

Califdadof3 -

So I don't have to give him sole custody to get insurance from him ? & you can prove him responsible just by him being the dad and being involved right ?

califdadof3 -

so i don't have to give him sole custody to get insurance from him ? & you can prove him responsible just by him bein the dad and bein involved right ?


NO, the father of the child does NOT have to have sole custody to be able to have his child on his insurance.

And what do you mean prove him responsible? Is he denying that he's the father? Or is someone already questioning it? It really depends on what circumstances you are trying to prove he's the father in. if he believes you that he's the father and his name is on the birth certificate and everything there shouldn't be any issues. If he says he's not the father or anything that's a whole different story.

You prove someone is the father by DNA testing. That's the only 100% legally foolproof way.

Some things have not been made clear here so let me clear them up. First, under Indiana law paternity can be established by both parents signing an affidavits of paternity within 72 hours of birth. http://www.indianajustice.org/Data/DocumentLibrary/Documents/1055436582.64/0105paternity.pdf

By completing the affidavit the father will be considered the legal father and be listed as such on the birth certificate. He can then claim the child (but not the mother) as a dependent on his insurance. All he would need is a copy of the birth certificate if asked. So there is no need to get married to have the child covered under the father's insurance.

As for getting married, you would need parental or judicial consent. But, by getting married, you would be emancipated and not have to live with either parent. The father can then cover you under his insurance, though, it is possible the pregnancy will be excluded as a pre-existing condition.

If you are living together, even if you do apply for public assistance, the courts may not require support. Even if they do, it just gets paid to you and you use it for expenses.

As for the father getting in legal trouble over having sex with you, the closeness in ages seems to preclude that.

I hope this clarifies things for you

... So there is no need to get married to have the child covered under the father's insurance.
...

I think that possibly OP is thinking about the possibility of getting her baby covered by OP's father's insurance (as opposed to baby's father's insurance). See for example this:


is there a way i can pay for insurance on the child, like could medicaid or somethin work ? & i have coverage from medicaid right now for me, and i have my dads, but my dads insurance doesn't pay for anything to do with pregnancys. and he doesn't have a job right now, he's going to get on though, but he doesn't have to have sole custody to get insurance for the baby ? (my emphisis). My theory that "he" in this sentence refers to OP's dad (the baby's maternal grandfather).

Scottgem : you cleared a lot of it up, I knew he wouldn't have to pay child support only because we're together and he's paying a lot of it anyway. But my dr. doesn't report anything so he wouldn't get in trouble I figured this out recently too, but as for marriage, we will end up being married one day, but I was just trying to figure out the whole insurance thing, I didn't want to rush anything, but I wanted to make sure the baby was covered without me having to do anything with custody because there's no way I'd give my baby up to anybody. Thanks (:

justcurious55: he knows he's the dad and not denying it, I was just wondering. It can only be his child believe me or not, but he knows that, so we won't need a dna test. I was just figuring everything out.

Scottgem : you cleared a lot of it up, I knew he wouldn't have to pay child support only because we're together and he's paying a lot of it anyway.


You do understand that Scott's statement means you would be living under the same roof. Your only 15 and at this time that is not an option. So you should go to court right after the baby is born and establish a child support order. To not do so is very foolish.