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    concernedmother's Avatar
    concernedmother Posts: 1, Reputation: 1
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    #1

    Aug 9, 2007, 06:36 AM
    My 11 year old son wants to be emancipated from his father, at what age can he do so?
    I am a single mother of 2. My sons father and I are not together. Since his father's marriage to his step-mother (approx. 3 years ago), my son and I have had nothing but problems. In and out of court and lots of arguments. My son never having a good relationship with his father, is now being forced by the courts to visitations. These past couple years have been very hard on my son, especially school. His aggravated emotions towards his father are heart-breaking. My 11 year old son is now doing counseling because of all this and he has heard that he could take his father to court to be emancipated at the age of 13. Is this true and if so what is the legal age to do so in the state of Indiana? I am extremely fed up with watching what his father has put him through (and of course myself) and can not seem to find the right answers.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Aug 9, 2007, 06:41 AM
    Hello concerned:

    Well, they're NOT going to emancipate him - he's a KID.

    You ask what HE can do, but you're the parent here. IF he's having trouble visiting, then YOU go to court and see if the judge will grant him some relief.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 9, 2007, 06:47 AM
    No its not true. First the term emancipation is when an underage person seeks to live on their own. That person would need to prove they can support and take care of themselves.

    Second, a minor (under 18) cannot make a decision as to which parent they want to live with. That decision is left up to the courts. A petition to change custody/visitation arrangements usually has to be brought by one of the parents, not the child. Such a petition can be bought at any age. If such a petition is made, the court will listen to the child and take into account their preferences, but the court will make the decision based on the law and the best interests of the child.

    Some states do specifically address this issue and mandate that the child's wishes, even at an early age, be followed unless it poses a danger to the child. But the ultimate decision is left to the court.

    I suggest you consult your attorney who drew up the divorce (or find a new one) and have them advise you whether you can bring such a petititon and the potential for it succeeding.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #4

    Aug 9, 2007, 08:57 AM
    BTW there is no legal side only... I cannot imagine why your son has this sort of behaviour toward his father.Where the problem is?Is his father a monster?Is it possible the problem to be in you?Maybe you and the father have to visit some parent classes.I cannot believe your son has heard that he could take his father to court to be emancipated at the age of 13 when he played with his friends.It is an adult suggestion.
    I do not think that there is no a reason for his behavior...
    And the judges will want to see the reasons before granting or rejecting it.
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