My question involves guardianship in the State of: Indiana.
I am 16 years old and I live with both of my parents. I've been thinking about emancipation for awhile and I have done quite a bit of research but I'm still not entirely clear on everything. I guess what I need to know is how do I go about getting emancipated and if my situation would get this granted for me. Okay so here is my situation:
I feel like a prisoner in my own home. My parents suffocate me and I feel as though I could grow more without living with them at this point. My dad tells me things like "Im not your dad" , he has made reference to me being a hoe, which I am not. I've dealt with depression since a young age and when I told my mom I was depressed and thought something was wrong she told me it was just a phase and I would get over it. The issues only got worse. I get in trouble for little things and they ground me to the house with nothing. My average groundings are 9 months. I have lost so much time i will never get back over the littlest things. The other night my mother and I got into an argument and she tried to fight me in the front yard. I realize this is on both of us, but I think it would be in my best interest to move out.
How Do I Get Emancipated if I Feel Like a Prisoner at Home
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11-10-2013, 09:01 AMimsolostHow Do I Get Emancipated if I Feel Like a Prisoner at Home
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11-10-2013, 09:14 AMLawResearcherMissyRe: How Do I Get Emancipated
Nothing you've written indicates that you're a candidate for emancipation.
How much money do you make at your full time job? -
11-10-2013, 11:01 AMDogmatiqueRe: How Do I Get Emancipated
And here's what Indiana says:
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.
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11-10-2013, 08:49 PMimsolostRe: How Do I Get Emancipated
Theres more to it than just what I wrote, I was just trying to keep it short. I work part time right now but I wasn't looking to get emancipated until I've had some time to collect my earnings and get another job so I can support myself. I also wanted to wait until I'm 17 so it would be more likely that emancipation would be granted. It says that emancipation can be granted if the child no longer needs that control and protection. At this point I believe I do not. I wouldn't be living on my own, if I can get emancipated my best friends mom would let me move in with her. She has been a witness to my parents & I's relationship for years now and agrees that it isn't healthy for me.
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11-10-2013, 08:59 PMDogmatiqueRe: How Do I Get EmancipatedQuote:
Quoting imsolost
Let us put it another way.
The court is going to look for any reason whatsoever to deny the petition.
The court is also NOT going to emancipate you in order to live with someone else until and unless you can prove you are fully capable of supporting yourself.
Emancipation is not a means for upset teens to escape from their parents; it's meant to allow a teen who, through no fault of their own, has found themselves in a position where they need the legal ability to get the power switched on in their name, for example.
Think about it. You're going to have to have proof that you can afford full market rent, utilities, clothing, food, health insurance, transportation, everything - and STILL make better-than-average grades.
Sorry kiddo, but the court just isn't going to emancipate you. -
11-11-2013, 06:08 AMimsolostRe: How Do I Get Emancipated
Ok, well how about I put it this way for you. I didn't explain the full situation and I have my points that I believe will get me somewhere. I just need to know how I go about doing this. My situation at this point is irrelevant because I believe anything is possible. So if someone could just point me in the right direction of how to go about doing this that would be fantastic!
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11-11-2013, 07:17 AMcbgRe: How Do I Get Emancipated
Okay, how about we put it this way.
Since you believe that you know better that the volunteers who are giving their time for free to help you, and since you believe that you are old enough and wise enough to live as an adult, why don't you just be an adult and find the process yourself?
You've been spoon fed the law and you don't think it applies to you. So, why should we believe that you'll pay any attention if we were to give you anything more? -
11-11-2013, 09:25 AMDogmatiqueRe: How Do I Get EmancipatedQuote:
Quoting imsolost
Honey, no amount of childish tantrum-ing is going to change THE LAW.
You will NOT be emancipated.
Would you like me to type it in three different languages so that you might actually grasp what we're telling you? -
11-11-2013, 09:37 AMLawResearcherMissyRe: How Do I Get EmancipatedWell, that's adorable, but the law disagrees.Quote:
My situation at this point is irrelevant because I believe anything is possible.
Unless and until you are ALREADY supporting yourself 100%, with no help from anyone, the court won't even hear your petition, let alone grant it. -
11-15-2013, 06:57 AMimsolostRe: How Do I Get Emancipated
I grasp what you are telling me. Entirely. You guys don't think I can do it. However, when there are cases of abuse, I graduate early and I will be able to support myself fully at the time I wish to start this process I think I have a case, correct? I was simply stating I no longer need advice on my situation. I need advice on finding the correct paperwork, where I must go, and what I must do. Thank you so much for your time but I don't need replies like that. If you don't want to help me or believe I'm being childish, just don't reply. Its that simple. For those of you who would actually like to help me, it is greatly appreciated.