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  1. #1
    Join Date
    Feb 2006
    Location
    Indiana
    Posts
    2

    Default How can I get emancipated at 16?

    I live with my mom and stepdad and my stepdad's 5 kids in South Bend, Indiana. I can't move in with my dad because there house is trashy and his is in no way capable of taking care of me. My stepdad is upset at me for a child molestation file I reported against him and later dropped because I couldn't handle seeing my mom so upset. I didn't drop it because it didn't happen I was just trying to ease my mother's sadness. She lets him take all his anger out on me. He doesn't like me living here and constantly threatens to kick me out of the house. We never stop fighting, he goes through my room, he makes rules that only apply to me and not his kids, and all the fighting between me and him is tearing my mom apart because she doesn't know what to do. I am 16 and desperately need emancipated, I'm working on getting a job, my best friends dad will let me move in with them or I can live with my boyfriend who will be 18 in 14 days. Please someone help me get the information I need to get emancipated. What has to be done? Is there anything I can do? PLEASE help because I can't take it anymore!
    -Katie-

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,803

    Default Indiana Emancipation Law

    The statutes which appear to be most relevant are here:
    Quote Quoting Indiana Statutes
    IC 31-34-20-1 - Entry of dispositional decrees
    Sec. 1. 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
    Sec. 6. (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
    Sec. 1. 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
    Sec. 27. (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:

      [list:e5815ffa49](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.[/list:u:e5815ffa49] (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.

  3. #3
    Join Date
    Feb 2006
    Location
    Indiana
    Posts
    2

    Default

    If my dad comes to court to try and fight for me what are the chances he will get custody? He lives in a 3 room trailer with holes in the ceiling, holes in the doors, some doors don't close, he's an alcoholic, smokes weed, and lives with my stepmom and her 3 kids. I don't want to be in that kind of environment so if you could please let me know right away I'd appreciate it.
    -Katie-

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default

    If your father has an unsuitable home, it would weigh against him in the event that he were to try to gain custody through the courts.

  5. #5

    Default Re: 16 How can I get emancipated?

    i am 16 years old and i live with my dad and grandma. my dad is an alcoholic and he abuses me alot. i want to get emancipated and live with my fiannce's aunt but my dad wont let me move out. is there a way that i can get emacipated without my dads consent? because if there is please tell me more info. someone with more info can e-mail me at godsmack123@earthlink.net
    thank you

    ~NICK ~

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