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    BennyBlown2v Posts: 2, Reputation: 1
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    #1

    Feb 19, 2007, 08:23 AM
    Indiana emancipation of 18-year-old adult
    I'm trying to find some information for my girlfriend. She is currently in high school, but could have graduated early (waited to get honors credit), is 18 years old, and living at home with her parents. Her family does not approve of our 2yr long relationship (I'm her age, don't worry) in general, for no real reason.

    There was an incident last night in which I called the police to my girlfriends house. I received a phone call from my girlfriend (lets call her K) crying and sobbing, her aunt (at K's house taking care of her younger brother) took the phone from her and told me not to talk to her and to hangup. I immediately let her know that if she didn't let me see her[my girlfriend] I would come and visit. I went over, parked my car in the street, called my girlfriend to ask permission to enter her driveway, she said yes and I did so approaching the front door. Her aunt opened the door and told me to leave or she would call the police and K could not leave. I reminded her that she is 18 and can leave if she needs to. The aunt threatened to call the police if I did not leave, at which point I told her (through the closed door) that I was already on the phone with the police department. Finally when I get to see my girlfriend and talk with the officers they inform me that if she was to leave she would be arrested as a "runaway" because she is not an emancipated adult. I inquired about the fact that the dropout age is 16 (they didn't correct me, but I'm not sure on that), and if she was to dropout would she be able to leave. Officer (A) did not like that (started screaming at the top of his lungs, trying to intimidate me and invoke a response) and informed me there is nothing either of us can do as her aunt is guardian by proxy while her parents are out of town; because of this the aunt can control where K goes, stays, sleeps, eats, and who she sees. Officer (B) informs me, after Officer (A) storms off, that I will be able to see K, and her aunt cannot stop her from seeing me.

    I'm confused as to what K's rights are... Is she legally allowed to leave? Are her adult rights usurped because she is still in HS? Can she declare her self as emancipated without parental approval because she's over 18? Should I contact SS/CPS on K's behalf, or would it be better for her to do it herself, or can these not be involved at all?

    It doesn't seem right that an 18 year old cannot leave simply because they are a high school student, especially when they can dropout at a younger age in this state (again... I think?).

    If the officers are correct, what is my best course of action to insure that I am not cutoff from K? Is it possible for her parents to file a restraining order against me on her behalf - or anything else like that - because she is not emancipated or out of school?

    So far anything and everything I can find states that in Indiana the age of majority is 18, and I cannot find a law stating that she must remain at home while in high school.

    Help, thanks!
    BennyBlown2v's Avatar
    BennyBlown2v Posts: 2, Reputation: 1
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    #2

    Feb 19, 2007, 10:01 AM
    Alrighty, well I contacted CPS. The police 100% lied to us. K has the right to leave whenever she pleases. Her aunt, and even her parents, cannot keep her from leaving - even though she is in high school. However, her parents have power of attorney so that could complicate things, though K's individual rights overpower her parents if taken to court.

    Any more insight would be greatly appreciated!

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