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Help With Emancipation in Indiana

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  • 01-05-2006, 05:40 PM
    KWilliams
    Help With Emancipation in Indiana
    Alright if i can get some help please that would be wonderful.

    I am currently 16 years old and will be 17 in April. My parents have been in the process of getting a divorce for the last year and a half. It all originally started when my father got arrested with false domestic violence charges. He spent the night and jail then got released. I lived with him for a few weeks till my mother got a restraining order against him involving the kids so i was forced to live with her for 6months then i ran away to live with my aunts for a month till courts let me move in with my dad.

    The whole divorce has been incredibly complicated and stressful for everyone. And it seems both of my parents judgments are off. When my brother broke his arm in two places my mother went out of town for a business trip instead of getting it set and would let my father take him to get his arm set. Till he finally got fed up and scheduled an appointment. My mother found out then flew back in from her trip then brought security to the office because she feared for her life.

    Anyway that’s the brief summary. I have done plenty of research on emancipation and have made a petition that many of my co-workers and parts of management signed(btw I have had my job for 5months and make roughly 1,200 a month), along with a few of my friends parents. I have a couple letters of recommendation from teachers and a letter from a friends parent who has dealt with my mother and explains from her perspective how broken my family situation is. Along with one of my co-workers promising me a place to stay with rent of 250 a month. I have typed out an action plan for independent living and a brief summary of my situation.

    Is there anything i am doing wrong, and what are my chances of being successful when i turn it in and go to court.
  • 01-05-2006, 07:45 PM
    aaron
    Indiana Emancipation Law
    You can review the statutes which are probably most relevant to your Indiana emancipation here:
    Quote:

    Quoting Indiana Statutes
    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.

    Anything that helps you show that you satisfy the factors a court must consider in granting emancipation should help you advance your case. If you want to have your situation evaluated and get legal advice, though, you should consult a local family lawyer.
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