Pregnant 17-Year-Old Wants to be Emancipated

My question involves juvenile law in the State of: indiana

I am 17 and pregnant. I have been on my own for at least 3 years taking care of myself. Im ready be able to get a house in my own name and go to my own doctors appointments by myself. Life is difficult when you have to be an adult while still legally being a child. My mother is deceased and my father is a trouble maker..hes constantly in and out of jail. I dont live with him nor have i for years. I need to be able to do something for me and my baby. Im 4 1/2 months pregnant and living with friends. I go to school every day. I am going to be graduating in october. I wont be 18 till February. And my baby will be here by christmas. I have social security income because of my mother passing away. Its in my name and has been for about 8 or 9 months now. I need to know if i can get emancipated or if im just waisting my time. The courts here know my dad and know what hes about so i feel like they would. And is there any way i can do it without my dad being there? Please be serious. Please try to help me dont.just tell me its not going to work.

How do you support yourself, just with SSI?

My ssi is almost 800 dollars a month. I pay rent where i am living and i buy myself food and hygienic necessities

The thing is hon, $800/month is not going to convince a court you can take care of yourself and a new baby. With that said, you're in a pretty desperate situation.

Have you checked into the various forms of aid you could qualify for in Indiana?

Take a look here, because you're going to need help once you've turned 18, too. Assuming the father is also a teen, he's not going to be able to provide a whole heck of a lot of support.

http://www.benefits.gov/benefits/bro...state/state/IN

Read this thread.

Your almost $800 survivor benefit is not enough for your support, let alone for the support of you and a child.

I do have medicaid and foodstamps. My foodstamps is only 30$ being that i have my ssi. I have found quite a few apartments here that i could afford but i currently cannot get being a minor. I am in high school. I will be graduating almost a year early. I am currently getting an early childhood education certification, with that i can get a job in a daycare which i plan to do. I go to school from 9am to 4pm. Until i can get a place, i dont feel as if i can hold a job while attending school. But like i said i will be graduated in October. My boyfriend, which is the father, is 19, he works for about 35hrs a week for 10$ an hour. I mean, yes the father is a teen but he is over the age of 18. And once i turn 18 i will be getting a settlement check from a crash i was in at a young age. I will be receiving about 25,000$ and i have plans to get a home and a vehicle and all the needs for my child. I 100% know my child is not going to go without. I will not allow that. But i need a safer environment for myself so i can have this child.

Sweetheart, the moment you got pregnant, you kissed any hope of legal emancipation goodbye.

I dont understand that though. Whether im emancipated or not i will be taking care of myself and my child alone. My father will be no help. Like i said, ive been on my own since i was 14. Taking care of my self. Ive had jobs. But school is more important to me. Whether emancipated or not im still going to be alone in this. I dont understand why i "kissed any hope of emancipation goodbye" by getting pregnant. So if you will please explain this to me. Because if i decide to go to court i want to be ready to fight in every which angle they come at me. And if you feel like they wont emancipate me, if i do still decide to try, will they bring cps in? Ill be 18 in 6 months..

Getting pregnant at 17 indicates to the court that you need more parental supervision, not less.

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Quoting dallasbader12

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I dont understand that though. Whether im emancipated or not i will be taking care of myself and my child alone. My father will be no help. Like i said, ive been on my own since i was 14. Taking care of my self. Ive had jobs. But school is more important to me. Whether emancipated or not im still going to be alone in this. I dont understand why i "kissed any hope of emancipation goodbye" by getting pregnant. So if you will please explain this to me. Because if i decide to go to court i want to be ready to fight in every which angle they come at me. And if you feel like they wont emancipate me, if i do still decide to try, will they bring cps in? Ill be 18 in 6 months..

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In order for the court to emancipate you, it needs to take the utmost care in deciding whether or not you can actually support yourself - and in your case, a child - without necessarily needing the state's help.

Pregnancy generally tells the court that you need more and not less supervision. There won't be any court battle, because their decision will be the end of the matter. An appeal wouldn't get you anywhere, and you can't refile elsewhere.

Once you turn 18, you're free to do whatever you want to do. And bear in mind that the state will look for just about any reason to deny an emancipation petition and the likelihood of your case being heard before you turn 18 isn't good to begin with.

Your benefits from your mother's death will stop when you turn 18, as long as you're enrolled in.high school and can prove it. Who received your survivors benefits and then.gives them to you? You can't receive the benefits until you're 18 without a Representative Payee.

$25,000 isn't a lot of money when you have to pay all your living expenses, food, etc for you and your baby. Working in a daycare is not making much money. The $25,000 will knock you and your baby out of assistance programs until it is gone. So don't count on it as a cushion or backup.

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Quoting Mercy&Grace

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Your benefits from your mother's death will stop when you turn 18, as long as you're enrolled in.high school and can prove it. Who received your survivors benefits and then.gives them to you? You can't receive the benefits until you're 18 without a Representative Payee.

$25,000 isn't a lot of money when you have to pay all your living expenses, food, etc for you and your baby. Working in a daycare is not making much money. The $25,000 will knock you and your baby out of assistance programs until it is gone. So don't count on it as a cushion or backup.

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She stated that her benefits have been in her name only for some time now.

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Quoting Dogmatique

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In order for the court to emancipate you, it needs to take the utmost care in deciding whether or not you can actually support yourself - and in your case, a child - without necessarily needing the state's help.

Pregnancy generally tells the court that you need more and not less supervision. There won't be any court battle, because their decision will be the end of the matter. An appeal wouldn't get you anywhere, and you can't refile elsewhere.

Once you turn 18, you're free to do whatever you want to do. And bear in mind that the state will look for just about any reason to deny an emancipation petition and the likelihood of your case being heard before you turn 18 isn't good to begin with.

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This sounds like one of those rare cases where emancipation might be appropriate. Her mother is dead, and her father is unfit and she hasn't lived with him for years. She is her own rep payee for her SSI benefits (which at least indicates that the SSA already considers her to emancipated) and she is paying rent to live where she lives. She said that she is living with friends, which would seem to indicate that she is not in their legal custody. It seems like she might already be constructively emancipated.

She appears to want legal emancipation in order to be able to get better housing for herself and her child.

I do agree however that its not likely to happen before she turns 18 anyway, so it may be a pointless exercise to attempt it.

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Quoting llworking

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She stated that her benefits have been in her name only for some time now.

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This sounds like one of those rare cases where emancipation might be appropriate. Her mother is dead, and her father is unfit and she hasn't lived with him for years. She is her own rep payee for her SSI benefits (which at least indicates that the SSA already considers her to emancipated) and she is paying rent to live where she lives. She said that she is living with friends, which would seem to indicate that she is not in their legal custody. It seems like she might already be constructively emancipated.

She appears to want legal emancipation in order to be able to get better housing for herself and her child.

I do agree however that its not likely to happen before she turns 18 anyway, so it may be a pointless exercise to attempt it.

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What Indiana says about it:

Click me!

She clearly can't support herself and her child on $800/month.

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Quoting Dogmatique

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What Indiana says about it:

Click me!

She clearly can't support herself and her child on $800/month.

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Here is the thing though...she already IS supporting herself...albeit with the help of the state. She is also going to be supporting herself and her child. She is constructively emancipated even if she is not legally emancipated...and I am not sure that she isn't already legally emancipated. She is her own rep payee for her SSI benefits. That is highly unusual for someone who is under 18, and you cannot just fill out a form to be your own rep payee as a minor.

I agree that emancipation is probably pointless here since she is going to be 18 in 6 months, but with the exception of being able to enter into a contract, she already IS constructively emancipated, and I am not sure that somehow legal emancipation didn't happen because she is her own rep payee for her SSI benefits.

She has not actually claimed to be supporting herself.

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Quoting dallasbader12

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Im ready be able to get a house in my own name and go to my own doctors appointments by myself.

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She has claimed that she buys some food and necessities of life, and pays some rent, thanks to the survivor benefits and public assistance she receives. I would not be surprised if, upon getting more details, she means she chips in toward her boyfriend's rent or lives with him at his parents' home and chips in toward their rent. If she's truly living independently and fully supporting herself on less than $800 per month plus SNAP, she can explain how she manages to do so -- but it's exceptionally unlikely that it's actually the case, even before we consider whether it's sustainable once the baby is born. The claim, "I'll get a settlement check when I turn 18," does nothing to qualify her for emancipation before that time.

Were she to document to a court that she has a long-term, sustainable plan to independently support herself and her child, and a track record that shows that she's actively managing or fully capable of managing her own financial, educational, social, medical and community affairs, might she be emancipated? It's possible. But as it stands, she's falling short on the financial side and we have barely scratched the surface on the rest.

I also agree with you that there's not much point in seeking emancipation given that she already lives independently and that she's only six months away from turning 18. By the time a court hears the case, it's likely to be three or four months. It seems like a lot of energy to pour into a dubious petition, for the possibility of an emancipation order that is not likely to have any material impact on her life.

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Quoting Mr. Knowitall

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She has not actually claimed to be supporting herself.

She has claimed that she buys some food and necessities of life, and pays some rent, thanks to the survivor benefits and public assistance she receives. I would not be surprised if, upon getting more details, she means she chips in toward her boyfriend's rent or lives with him at his parents' home and chips in toward their rent. If she's truly living independently and fully supporting herself on less than $800 per month plus SNAP, she can explain how she manages to do so -- but it's exceptionally unlikely that it's actually the case, even before we consider whether it's sustainable once the baby is born. The claim, "I'll get a settlement check when I turn 18," does nothing to qualify her for emancipation before that time.

Were she to document to a court that she has a long-term, sustainable plan to independently support herself and her child, and a track record that shows that she's actively managing or fully capable of managing her own financial, educational, social, medical and community affairs, might she be emancipated? It's possible. But as it stands, she's falling short on the financial side and we have barely scratched the surface on the rest.

I also agree with you that there's not much point in seeking emancipation given that she already lives independently and that she's only six months away from turning 18. By the time a court hears the case, it's likely to be three or four months. It seems like a lot of energy to pour into a dubious petition, for the possibility of an emancipation order that is not likely to have any material impact on her life.

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She stated that she lives with friends, pays rent and buys her own food and necessities. She may not live on her own, but it does not appear to me that anyone but the state is contributing to her support. If someone rents out a bedroom in their home that does not make their tenant their dependent.

We are talking about Indiana here, so lets use real figures...

The average three bedroom home in Indiana might rent for anywhere from 500.00 a month in rural areas to 800.00 a month in urban areas.
Utilities might be 150.00 to 200.00 a month. So, total expenses 650.00 to 1000.00 a month. Divided by three bedrooms that is 217.00 to 333.00 a month for rent and utilities per bedroom. That would leave her a minimum of 467.00 a month towards food, phone and sundries. Easily do-able.

If someone lives in a friend's guest bedroom and pays $50 a week token rent contribution that doesn't make her a tenant, either.

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Quoting cbg

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If someone lives in a friend's guest bedroom and pays $50 a week token rent contribution that doesn't make her a tenant, either.

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$50.00 a week might not be "token" rent here in Indiana. It would be on the low end, but it could be real rent.

I simply don't know if to rent a room makes one a tenant in Indiana..it sure does in some places ...but of what relevancy is that?

I'm not sure what if any advantage there is to formal emancipation there is at this point? In terms of the new childs well being it seems prudent that Mom to be takes the steps upon child birth to make sure Dad is under court order to pay support..and it might be wise to encourage new Dad to work harder/longer/ so as to bettered support his child.

It would nice to hold OPs father to his duty to support his daughter...but I doubt he has means and that is unrealistic road.

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Quoting HRinDEVON

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I simply don't know if to rent a room makes one a tenant in Indiana..it sure does in some places ...but of what relevancy is that?

I'm not sure what if any advantage there is to formal emancipation there is at this point? In terms of the new childs well being it seems prudent that Mom to be takes the steps upon child birth to make sure Dad is under court order to pay support..and it might be wise to encourage new Dad to work harder/longer/ so as to bettered support his child.

It would nice to hold OPs father to his duty to support his daughter...but I doubt he has means and that is unrealistic road.

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The only relevancy on the renting bit is to point out that she really is currently supporting herself...albeit with some help from the state.

Or, that's she's dependent on help from others because she's not really supporting herself, just making token contributions. While the OP did not indicate any specifics (my post was intended as an illustration) given her actual income I like my scenario much better in terms of likelihood.

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Quoting llworking

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$50.00 a week might not be "token" rent here in Indiana. It would be on the low end, but it could be real rent.

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Realistically speaking, no, it couldn't. There is no realistic chance that a judge is going to find a claim by somebody that a plan to support herself and a baby on less than $800 per month plus SNAP constitutes her having "sufficient money for the child's own support", nor that her paying $50 per month to live with friends to constitutes "an acceptable plan for independent living". She's not Blanche Dubois -- the court is not going to be impressed by a claim that she plans to rely on the charity of others, in the event that her friends tell her to move out.

As of 2009, reasonable self-sufficiency figures for Indiana were projected by the Indiana Institute for Working Families to be $1,564 for an adult, and $2,906 for an adult living with one preschooler -- even if you set rent at $50 and ignore inflation, $800 per month still falls short, even before consideration of the child. The latter figure can be lowered if the parent isn't employed, as there would be no child care expense, but that bites the self-sufficiency argument in the posterior for other reasons.

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Quoting cbg

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Or, that's she's dependent on help from others because she's not really supporting herself, just making token contributions. While the OP did not indicate any specifics (my post was intended as an illustration) given her actual income I like my scenario much better in terms of likelihood.

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I would too if the scenario was happening in MA. However, its not, its happening in Indiana where the cost of living is much lower than MA.

Read Mr. K.'s post directly above yours.

For better or WORSE there is at least one way to get emancipated at 17 in her state wo a court order...and it may make her plight worse......

Drew, if you don't stop telling minors to go out and get married so they can be emancipated I am going to reach through the computer screen and strangle you. Do you really think that's appropriate?

Since even you agree it's likely to cause more problems why did you bring it up in the first place?

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Quoting Mr. Knowitall

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Realistically speaking, no, it couldn't. There is no realistic chance that a judge is going to find a claim by somebody that a plan to support herself and a baby on less than $800 per month plus SNAP constitutes her having "sufficient money for the child's own support", nor that her paying $50 per month to live with friends to constitutes "an acceptable plan for independent living". She's not Blanche Dubois -- the court is not going to be impressed by a claim that she plans to rely on the charity of others, in the event that her friends tell her to move out.

As of 2009, reasonable self-sufficiency figures for Indiana were projected by the Indiana Institute for Working Families to be $1,564 for an adult, and $2,906 for an adult living with one preschooler -- even if you set rent at $50 and ignore inflation, $800 per month still falls short, even before consideration of the child. The latter figure can be lowered if the parent isn't employed, as there would be no child care expense, but that bites the self-sufficiency argument in the posterior for other reasons.

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That is high. I suppose if you included paying for health insurance and daycare expenses in those figures I might agree, but otherwise I do not. I know many, many families of 4 or more who live on less than that...and single parents with children who live on less than the figure for a single. Now admittedly their incomes get supplemented by large tax refunds annually, and some of them may get some limited state assistance, but still, those numbers are high.