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Emancipation at 17
I have a friend that is 17 living with her mother in Indiana. Her father lives in Michigan. Both parents are mentally and emotionally abusive, and her father is physically abusive. She has filed complaints with police, talked to counselors, etc. and nothing has been done about it. Is it possible for her to file for emancipation in Michigan with her father living in Michigan and having partial custody of her if she is living with her mother in Indiana? She has pretested for her GED and was extremely close to passing the pretest. She has been studying and will have her GED by fall.
I would like to know if there is anything that can be done to get her out.
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Re: Emancipation at 17
The petition must be filed in the state she has legal residence in.
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Re: Emancipation at 17
She lives in Indiana, so she can't emancipate through Michigan's courts.
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Re: Emancipation at 17
Quoting Indiana Statutes
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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
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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:
(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.
(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.