Emancipation Without Consent
I have been reading a lot about what it would take for me to be emancipated, and I'm a little unclear about what exactly needs to happen. I understand that Indiana doesn't seem to have a statute, and I have read this:
Indiana has no emancipation statute, but it may nonetheless be possible to convince a juvenile court to grant emancipation where the court finds:
1. The petitioning minor wishes to be free from parental control and protection and no longer requires control and protection;
2. The petitioning minor understands the consequences of being free from parental control and protection
3. The petitioning minor has sufficient money for the child's own support; and
4. The petitioning minor has an acceptable plan for independent living.
But I am wondering about how you think it would work. I would obviously have to go to a judge with all of the above figured out (which I do have taken care of), but as far as what they would say, I wanted your opinions. I have yet to find someone who has done this to ask, so I figured I would ask here. Here are some of the basic questions I have:
1. If all of the above requirements have been met, is that likely (in your opinion) to be enough to convince a judge to let me go. I guess my question is, do you think they would let me go so that I could move on with my life, even if there isn't something like abuse going on at home, just poor circumstances? Or do you think it would take something more serious to bend them?
and 2. As far as I know, I could do all this, and my parent could sign something, and it would be done. But my problem is my parents would never sign it. So I am wondering if this is possible to do without consent.
Anyway, any thoughts, opinions, comments, or the like would be great help. If it would help you form a better opinion I can explain a little more about my situation. But for now I'm just asking generally.
Thanks a lot for your time.
Re: Emancipation Without Consent
With no statute to work from, no case law for guidance, and the matter depending on the discretion of the court, I would say that it's going to depend a lot on the personality of the judge and whether it truly appears that emancipation is in the minor's best interest. I think that presenting the bare minimum qualification will make emancipation a hard sell for the minor, and with no abuse or neglect issues and parental opposition it only gets harder.