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  1. #1
    Join Date
    Jul 2005
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    Indiana
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    Default Indiana Emancipation Law

    I live in Indiana, and im doing some research for a friend. She lives with her dad and two other sisters and the father is irresponsible, reckless, and careless. He brings alcohol and women into the house, and has many times forgotten parental responsibilities. My friend is in a bad environment and no longer wishes to be forced to be around them. What are her options...

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    Default Indiana Emancipation Law

    Indiana has no emancipation statute, but it may nonetheless be possible to convince a juvenile court to grant emancipation where the court finds:

    1. The petitioning minor wishes to be free from parental control and protection and no longer requires control and protection;

    2. The petitioning minor understands the consequences of being free from parental control and protection

    3. The petitioning minor has sufficient money for the child's own support; and

    4. The petitioning minor has an acceptable plan for independent living.

    Without a statute to reference, it is difficult to gauge what a judge might deem sufficient as a basis for emancipation. An Indiana family lawyer may be able to advise you.

    Your friend and her sisters may be best off if they seek assistance through child protective services.

  3. #3
    Join Date
    Jul 2005
    Location
    indiana
    Posts
    1

    Default so

    so what do u mean indiana has no emacipation statute, does that mean i cant get out of where i am until im 18, because my friend told me he got emancpated about a year ago and he's only 17

  4. #4
    Join Date
    Mar 2005
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    Michigan
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    Default Indiana Emancipation

    Indiana has no emancipation statute. If there is another path to emancipation that was successfully used by your friend, perhaps he can tell you what it was. You can review the statutes which are probably most relevant here:
    Quote Quoting Indiana Statutes
    IC 31-34-20-1 - Entry of dispositional decrees

    Subject to section 1.5 of this chapter, if a child is a child in need of services, the juvenile court may enter one (1) or more of the following dispositional decrees:
    (1) Order supervision of the child by the probation department or the county office of family and children.

    (2) Order the child to receive outpatient treatment:
    (A) at a social service agency or a psychological, a psychiatric, a medical, or an educational facility; or

    (B) from an individual practitioner.
    (3) Remove the child from the child's home and place the child in another home or shelter care facility. Placement under this subdivision includes authorization to control and discipline the child.

    (4) Award wardship to a person or shelter care facility. Wardship under this subdivision does not include the right to consent to the child's adoption.

    (5) Partially or completely emancipate the child under section 6 of this chapter.

    (6) Order:
    (A) the child; or
    (B) the child's parent, guardian, or custodian;
    to receive family services.

    (7) Order a person who is a party to refrain from direct or indirect contact with the child.

    IC 31-34-20-6
    Emancipation of child; findings; terms


    (a) The juvenile court may emancipate a child under section 1(5) of this chapter if the court finds that the child:
    (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.
    (b) If the juvenile court partially or completely emancipates the child, the court shall specify the terms of the emancipation, which may include the following:
    (1) Suspension of the parent's or guardian's duty to support the child. In this case the judgment of emancipation supersedes the support order of a court.
    (2) Suspension of the following:
    (A) The parent's or guardian's right to the control or custody of the child.
    These statutes also include emancipation provisions:
    Quote Quoting Indiana Statutes
    IC 31-37-19-1 - Entry of dispositional decrees

    Subject to section 6.5 of this chapter, if a child is a delinquent child under IC 31-37-2, the juvenile court may enter one (1) or more of the following dispositional decrees:

    (1) Order supervision of the child by the probation department or the county office of family and children.

    (2) Order the child to receive outpatient treatment:
    (A) at a social service agency or a psychological, a psychiatric, a medical, or an educational facility; or
    (B) from an individual practitioner.
    (3) Remove the child from the child's home and place the child in another home or shelter care facility. Placement under this subdivision includes authorization to control and discipline the child.

    (4) Award wardship to a person or shelter care facility. Wardship under this subdivision does not include the right to consent to the child's adoption.

    (5) Partially or completely emancipate the child under section 27 of this chapter.

    (6) Order:
    (A) the child; or
    (B) the child's parent, guardian, or custodian;
    to receive family services.

    (7) Order a person who is a party to refrain from direct or indirect contact with the child.

    IC 31-37-19-27 - Emancipation of child

    (a) The juvenile court may emancipate a child under section 1(5) or 5(b)(5) of this chapter if the court finds that the child:
    (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.
    (b) Whenever the juvenile court partially or completely emancipates the child, the court shall specify the terms of the emancipation, which may include the following:
    (1) Suspension of the parent's or guardian's duty to support the child. In this case the judgment of emancipation supersedes the support order of a court.

    (2) Suspension of:
    (A) the parent's or guardian's right to the control or custody of the child; and

    (B) the parent's right to the child's earnings.
    (3) Empowering the child to consent to marriage.

    (4) Empowering the child to consent to military enlistment.

    (5) Empowering the child to consent to:
    (A) medical;

    (B) psychological;

    (C) psychiatric;

    (D) educational; or

    (E) social;
    services.

    (6) Empowering the child to contract.

    (7) Empowering the child to own property.
    (c) An emancipated child remains subject to:
    (1) IC 20-8.1-3 concerning compulsory school attendance; and

    (2) the continuing jurisdiction of the court.

  5. #5

    Default Re: Indiana Emancipation

    I understand this thread is old, sorry for reviving, but this is a relevent question. In order for one to be emancipated, does he need a specific reason (I.E. abuse, parents have drinking problems, and, etc), or could he [successfully] petition for emancipation on the grounds that it will better his living.

    Also, my parents have always told me if I don't like there rules or views on things that once I can afford my own house, food, cloths, and etc, I can do whatever I please. Could that be taken into account? How much would a consultation with a reputable family law lawyer (just a rough estimate for probably 30-60 min.).

    Agian sorry for reving, but i didn't think my case really needed its own topic.

    **I'll be 16 in about 2 weeks and I can fully/confortably support myself, and have a plan for life. I've also heard that emancipating me goes against their constitutional right to care for me. Is there somewhere I can go/look to find similar cases to mine (i.e. website, library, etc?).**

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,620

    Default Re: Indiana Emancipation

    The best I can do is refer you to the factors outlined in Indiana Code Section 31-37-19-27, permitting emancipation under certain circumstances where a juvenile court finds that the child:
    (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.
    There's no requirement, at least in that statute, that the court consider the minor's motive - although I would venture that it can be a factor in a judge's decision, particularly if the case is otherwise a close call.

  7. #7

    Default Re: Indiana Emancipation Law

    Okay I'm trying to find out information for my girlfriend on Indiana Emancipation. Her parents treat her like she is in a prison literally. They nailed her window down took all the phone batteries and they make her clean EVERYTHING everyday she has to do dishes,clean the living room,make dinner for all of them,clean the dog pen, clean the catbox,mop and sweep all the floors, clean the counters, and pick up there mess. They scream and yell at her for no apparent reason. And her parents argue ALL the time and they abuse each other emotionally and physically. They abuse my girlfriend emotionally. The stress has gotten so bad for her that she has chest pains. And she breaks down all the time. She is wanting to get emancimated but she is scared of her dad because she doesnt know how to react. Her mom and dad are severly into marijuana. She turned them in but the cop just took the weed and they went back out to get more after the cops left. Could someone please help me on getting some information and how she would do the emancipation process.
    Thanks,Ashley

  8. #8
    Join Date
    May 2006
    Location
    USA
    Posts
    663

    Default Re: Indiana Emancipation Law

    Try looking at the links below. If you think your friend is being abused or neglected, give them a call.

    http://nccanch.acf.hhs.gov/general/l...tes/define.cfm

    http://www.iu.edu/~cchealth/resources/childAbuse.html

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