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How to Be Emancipated in Indiana

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  • 04-05-2005, 01:54 AM
    megan_wooster
    How to Be Emancipated in Indiana
    My father was arrested on drug charges and I was placed with my grandparents who are most likely going to file for guardianship. We fight a lot and I would like to be emancipated, but I am only 15, and I don't know the emancipation laws for Indiana and had no luck finding them online.
    I have another place to live with a trusted family friend who is 22, and I can get a job, but i'm not sure the courts would allow it due to my current situation with my dad. I'm not sure what to do or how to go about doing it. I really need help!!
  • 04-05-2005, 10:24 AM
    aaron
    Indiana Emancipation Law
    You can review the statutes which are probably most relevant 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.

    These statutes also include emancipation provisions:
    Quote:

    Quoting Indiana Statutes
    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.

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