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My question involves juvenile law in the State of: Indiana
My mom thinks she can stop me from moving out at 18 because I have ADHD and she thinks because of it I can make my own choices to live on my own. Can she stop me from moving out at 18? I have 5 diffrent places I can go to live when I'm 18.
If she successfully proves to a court that you are legally incapacitated, such that she is appointed by the court to be your guardian with authority over where you live, then she will have authority over where you live.
Otherwise, you can move.
would both my mom and dad need to prove that because my dad want's me out of my mom's house, because half the time I don't feel safe at home my mom threatens to hit me or slap me across the face?
No. Either parent can seek guardianship. If you have cause to believe that your mental condition is so serious as to constitute legal incapacity, I suggest you have a discussion with your treatment team.
How long would it take for my dad to get guardianship of me & what would we have to do? If I just wanted to live with him until I turn 18 then he would let me move out at 18
Your dad would have to petition the court for custody at this point, not guardianship, but absent a significant change in circumstances, it isn't a slam dunk. In many cases, judges will take your preference into account, but if your mental health issues are bad enough that you are concerned that your mom getting guardianship is a valid concern, it's unlikely your preference would be given significant weight.
How old are you now?
I'm 17 I will be 18 in 5 months but I still will be in school of another year or 2
Understand, too, that having some level of disability does not automatically make you incapacitated such that you need a guardian. You have to be pretty much unable to care for yourself to be declared incapacitated. If your mother moves for guardianship you have the right to oppose it, and your father doesn’t think you need it either he could join in opposing the action. She’d have to file pretty soon to have a realistic shot at getting the order in place before you turn 18 and without any court order in place she cannot prevent you from leaving when you turn 18.
She told me that she signed something that makes it so I can't move out before I get out of high school because she thinks I will drop out and I will be homeless. And I know I will not drop out and be homeless I have many places to live if one don't work out. I don't beleave she signed anything for that because she is known to lie to her kids and my dad.