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How to File for Emancipation Without a Lawyer

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  • 09-23-2013, 08:07 PM
    sillywilly98
    How to File for Emancipation Without a Lawyer
    My question involves juvenile law in the State of: Indiana I am a seventeen year-old male that wishes to file for emancipation my self because a lawyer is expensive. but I don't know where to start. I know i qualify for emancipation in Indiana according to IC 31-34-20-6

    Quote:

    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.
    (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 the following:
    (1) IC 20-33-2 concerning compulsory school attendance.
    (2) The continuing jurisdiction of the court.
    I make 1200 a month and have the pay stubs to prove it. I also have an acceptable plan for living for living. many of my friends are looking for a room mate and have a place of their own. Please don't preach i just want to know the exact steps to file for emancipation.
    Thank you for all your help :)
  • 09-23-2013, 08:20 PM
    cbg
    Re: How to File for Emancipation in Indiana at 16 Without a Lawyer
    If you can't find the steps to file for emancipation on your own, that says a great deal about whether you are *really* ready to be an adult.

    You want to be independent and self-sufficient? Okay, kid. Now's the time to start.

    Have at it.
  • 09-23-2013, 08:22 PM
    Dogmatique
    Re: How to File for Emancipation in Indiana at 16 Without a Lawyer
    (One also wonders exactly what kind of job allows a 16 year old to bring in $1200/week - legally)
  • 09-23-2013, 08:23 PM
    sillywilly98
    Re: How to File for Emancipation in Indiana at 16 Without a Lawyer
    thanks for being so helpful
    quit preaching :)
  • 09-23-2013, 08:24 PM
    Dogmatique
    Re: How to File for Emancipation in Indiana at 16 Without a Lawyer
    Dictionary.com will correct your misunderstanding of the word "preach".

    :cool:
  • 09-23-2013, 08:25 PM
    cbg
    Re: How to File for Emancipation in Indiana at 16 Without a Lawyer
    Any time, kid.

    Self-sufficient adults don't get spoon fed.
  • 09-23-2013, 08:26 PM
    sillywilly98
    Re: How to File for Emancipation in Indiana at 16 Without a Lawyer
    Rock climbing gym 40 hr a week its completely "over the table".
  • 09-23-2013, 08:30 PM
    Disagreeable
    Re: How to File for Emancipation in Indiana at 16 Without a Lawyer
    Makes one wonder how OP can make $60k a year, live at home and not be able to afford a lawyer.
  • 09-23-2013, 08:37 PM
    sillywilly98
    Re: How to File for Emancipation in Indiana at 16 Without a Lawyer
    Quote:

    Quoting cbg
    View Post
    Any time, kid.

    Self-sufficient adults don't get spoon fed.

    your a jacka@@

    - - - Updated - - -

    Quote:

    Quoting Disagreeable
    View Post
    Makes one wonder how OP can make $60k a year, live at home and not be able to afford a lawyer.

    I can but I release how slim my chances of winning this case are so I don't want to just throw away my money. Also that was a typo I meant a month sorry about that.
  • 09-23-2013, 08:38 PM
    Disagreeable
    Re: How to File for Emancipation in Indiana at 16 Without a Lawyer
    You appear to be a liar. The thing about forums is you take the users as you find them.

    Quote:

    Quoting sillywilly98
    View Post
    your a jacka@@

  • 09-23-2013, 08:38 PM
    cbg
    Re: How to File for Emancipation in Indiana at 16 Without a Lawyer
    Ah. Another sign of a mature adult.

    Not.
  • 09-23-2013, 08:42 PM
    Mr. Knowitall
    Re: How to File for Emancipation Without a Lawyer
    Quote:

    Quoting sillywilly98
    View Post
    My question involves juvenile law in the State of: Indiana I am a seventeen year-old male that wishes to file for emancipation my self because a lawyer is expensive. but I don't know where to start. I know i qualify for emancipation in Indiana according to IC 31-34-20-6

    You need to back up to the statute referenced right at the beginning of that statute. Read it here.

    Here's what it means to be a child in need of services:
    Quote:

    Quoting IC 31-34-1-1 Inability, refusal, or neglect of parent, guardian, or custodian to supply child with necessary food, clothing, shelter, medical care, education, or supervision
    A child is a child in need of services if before the child becomes eighteen (18) years of age:

    (1) the child's physical or mental condition is seriously impaired or seriously endangered as a result of the inability, refusal, or neglect of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision; and

    (2) the child needs care, treatment, or rehabilitation that:

    (A) the child is not receiving; and

    (B) is unlikely to be provided or accepted without the coercive intervention of the court.

    How do you qualify?
  • 09-23-2013, 08:43 PM
    sillywilly98
    Re: How to File for Emancipation in Indiana at 16 Without a Lawyer
    Did I hurt your feelings I'm sorry ):
  • 09-23-2013, 08:44 PM
    Dogmatique
    Re: How to File for Emancipation in Indiana at 16 Without a Lawyer
    Quote:

    Quoting sillywilly98
    View Post
    your a jacka@@

    - - - Updated - - -

    I can but I release how slim my chances of winning this case are so I don't want to just throw away my money. Also that was a typo I meant a month sorry about that.


    Okay, let's assume for a moment that your take home is $1200/month.

    Next, look at the average market rent in your area - and I mean full rent, not discounted or renting a room at a friend's house.

    Add in utilities. Clothing. Food. Utilities. Health insurance. Transportation. Sundry items.

    What are you left with?
  • 09-23-2013, 08:46 PM
    cbg
    Re: How to File for Emancipation in Indiana at 16 Without a Lawyer
    Didn't hurt my feelings, chum. Just pointing out a fact.
  • 09-23-2013, 08:46 PM
    sillywilly98
    Re: How to File for Emancipation Without a Lawyer
    My parent don't feed me and harass me.
  • 09-23-2013, 08:47 PM
    Dogmatique
    Re: How to File for Emancipation Without a Lawyer
    They don't feed you, huh?

    Come on now.
  • 09-23-2013, 08:47 PM
    cbg
    Re: How to File for Emancipation Without a Lawyer
    Parents are supposed to harass their kids.

    It's called, parenting.
  • 09-23-2013, 08:52 PM
    Mr. Knowitall
    Re: How to File for Emancipation Without a Lawyer
    Quote:

    Quoting sillywilly98
    View Post
    My parent don't feed me and harass me.

    Call protective services. If they find your claim to be substantiated to the point that they remove you from the home and place you in foster care, you'll be one step closer to emancipation.
  • 09-23-2013, 08:57 PM
    Disagreeable
    Re: How to File for Emancipation Without a Lawyer
    Quote:

    Quoting sillywilly98
    View Post
    My parent don't feed me and harass me.

    I suggest you learn how to use a fork, knife and spoon.
  • 09-23-2013, 08:58 PM
    sillywilly98
    Re: How to File for Emancipation Without a Lawyer
    foster care? My parents don't feed me so I just feed my self it's not that bad I already pay for everything I own and my parents still give me the hardest time about EVERYTHING. I have looked into the cost of living and I can make it i know how rough it would be but it would be better than foster care and living with my parents.
  • 09-23-2013, 09:01 PM
    Dogmatique
    Re: How to File for Emancipation Without a Lawyer
    Quote:

    Quoting sillywilly98
    View Post
    foster care? My parents don't feed me so I just feed my self it's not that bad I already pay for everything I own and my parents still give me the hardest time about EVERYTHING. I have looked into the cost of living and I can make it i know how rough it would be but it would be better than foster care and living with my parents.


    Given that the average rent for Carmel, Indiana, is round about $650 at its cheapest (excluding utilities)...I can't see you convincing the court that you'll be able to afford supporting yourself.
  • 09-23-2013, 09:01 PM
    cbg
    Re: How to File for Emancipation Without a Lawyer
    Well, then.

    You'd better get busy looking up the steps for emancipation, then.
  • 09-23-2013, 09:03 PM
    Mr. Knowitall
    Re: How to File for Emancipation Without a Lawyer
    Quote:

    Quoting sillywilly98
    View Post
    foster care? My parents don't feed me so I just feed my self it's not that bad I already pay for everything I own and my parents still give me the hardest time about EVERYTHING. I have looked into the cost of living and I can make it i know how rough it would be but it would be better than foster care and living with my parents.

    If you're not bright enough to read the law I just spoon fed to you (I know, I know, you're not used to being fed...) you're probably not a good candidate for emancipation... even if your state had a laws that applied in your circumstances.
  • 09-23-2013, 09:10 PM
    sillywilly98
    Re: How to File for Emancipation Without a Lawyer
    Quote:

    Quoting Dogmatique
    View Post
    Given that the average rent for Carmel, Indiana, is round about $650 at its cheapest (excluding utilities)...I can't see you convincing the court that you'll be able to afford supporting yourself.

    Extended stay in Indy 800 a month including utilities.

    - - - Updated - - -

    could anyone tell me how to file for a judicial declaration in Indiana by the court?
  • 09-23-2013, 09:11 PM
    Dogmatique
    Re: How to File for Emancipation Without a Lawyer
    Quote:

    Quoting sillywilly98
    View Post
    Extended stay in Indy 800 a month including utilities.

    - - - Updated - - -

    could anyone tell me how to file for a judicial declaration in Indiana by the court?


    Did you actually read what Mr K posted?
  • 09-23-2013, 09:13 PM
    cbg
    Re: How to File for Emancipation Without a Lawyer
    Same answer as before.

    Either you're ready to be self-sufficient or you're not.

    BTW, I'll bet you haven't investigated whether an extended stay hotel will rent to a minor. Because the VERY large majority of hotels (of any type) will not.

    And yes, I do know that for certain.
  • 09-23-2013, 09:19 PM
    sillywilly98
    Could Anyone Tell Me How to File for a Judicial Declaration in Indiana by the Court
    could anyone tell me how to file for a judicial declaration in Indiana by the juvenile court?
  • 09-23-2013, 09:20 PM
    cbg
    Re: Could Anyone Tell Me How to File for a Judicial Declaration in Indiana by the Cou
    Posting a second thread is not going to encourage anyone to give you anything more than you've already been given.
  • 09-23-2013, 09:25 PM
    sillywilly98
    Re: Could Anyone Tell Me How to File for a Judicial Declaration in Indiana by the Cou
    This is a completely separate question and more specific. Not everyone is going to look at my other post could you not help any more cbg, thanks.
  • 09-23-2013, 09:27 PM
    LawResearcherMissy
    Re: How to File for Emancipation Without a Lawyer
    Quote:

    BTW, I'll bet you haven't investigated whether an extended stay hotel will rent to a minor.
    I don't know of any reputable short stay places that will rent to a minor! Or even to an 18 year-old!

    Younger Monster was horrified to learn recently that his post graduation road trip with his friends will require Elder Monster to go with, so they can meet the requirement of having someone aged 21 to secure the hotel rooms. (He's not willing to take a chance at a fleabag joint.)

    Quote:

    I already pay for everything I own
    Oh, pookie. No, you really don't. My eldest son makes more than you do and can't afford to move out and completely support himself yet, unless he decides to live in a hovel somewhere with unreliable heat and spotty water. The COL where we live is less than where you are.
  • 09-23-2013, 09:27 PM
    Dogmatique
    Re: Could Anyone Tell Me How to File for a Judicial Declaration in Indiana by the Cou
    Quote:

    Quoting sillywilly98
    View Post
    This is a completely separate question and more specific. Not everyone is going to look at my other post could you not help any more cbg, thanks.


    I will reiterate what both myself, cbg and Mr.K have said.
  • 09-23-2013, 09:32 PM
    LawResearcherMissy
    Re: Could Anyone Tell Me How to File for a Judicial Declaration in Indiana by the Cou
    What makes you think the rules here don't apply to you, kid?

    You post ONE THREAD. ONE.

    Out. You're making too much work for me. Go play somewhere else.
  • 09-23-2013, 09:35 PM
    cbg
    Re: How to File for Emancipation Without a Lawyer
    And I'm just going to mention that when you ask questions on the public internet you don't get to pick and choose who responds.
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