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  1. #1
    Join Date
    Jun 2015
    Posts
    2

    Default Can a Minor Get Emancipated to Avoid Moving With a Parent

    My question involves guardianship in the State of: Indiana
    I'm 16 and a half years old and I'll be 17 this December. I'm wanting to know if Emancipation is an option for me.
    Just yesterday I found out my mom had been abusing nonprescription drugs. She had bought them off someone and I found out because she could barely function all day yesterday. I debated all day on if I should tell my step dad about it or not and I finally decided to. When he got home from work he was going to kick my mom out, make sure she left alone, keep his daughter (my half sister), and make me move to Georgia to live with my dad and he wanted to get a divorce. As of right now he's giving my mom a second chance but the way she talked about the situation she doesn't seem very confident in the whole second chance part and the divorce is still an option at this time.
    I don't want to move in with my dad in Georgia because I only have one year left of high school, I have a job here in Indiana, all my friends and my step dad's family (the family I grew up around) is all in Indiana. I wouldn't want to have to start all over in Georgia for only a year because after I graduated I'd just turn around and move back up here, which in the end would be a bunch of waste of time and money.
    I've been very independent since I was about eight to ten years old because my mom has a lot of medical conditions and isn't able to do much every day and when I was eight or so my step dad worked out of town a lot. So I had to teach myself how to cook stuff, do dishes, sweep, laundry and take care of my little sister half of the time because my mom wasn't able to and my step dad would've always been out of town. Today everyone just expects me to cook, clean and take care of my sister and if I don't it's like I did something wrong. I'm basically 16 with an 11 year old daughter because I'm the one who makes her dinner, helps with her homework, makes sure she takes a shower and gets in bed on time and wakes up when she's supposed to.
    If my mom and step dad were to get a divorce I would like to be able to get emancipated so I wouldn't have to move 8+ hours away from everything and everyone I grew up around. I get my license this coming week (around June 22) and currently I've spent about the last month at my friends house. If I were to get emancipated her house would probably not be my permanent living place because I'd like to get my own apartment, but I do plan on paying her rent for the time I do stay here. An I 100% believe that I'll be fine living on my own because most of my life growing up I had to 'cowboy up' and basically be a really really young mom to my own sister and take care of a whole house because my mom couldn't and still isn't able to.
    If you need anymore information please don't hesitate to ask! Thank you!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,079

    Default Re: Termination of Guardianship

    "I don't want to move" is not grounds for emancipation in any state.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,625

    Default Re: Termination of Guardianship

    Quote Quoting shyenne1998
    View Post
    My question involves guardianship in the State of: Indiana
    I'm 16 and a half years old and I'll be 17 this December. I'm wanting to know if Emancipation is an option for me.
    Just yesterday I found out my mom had been abusing nonprescription drugs. She had bought them off someone and I found out because she could barely function all day yesterday. I debated all day on if I should tell my step dad about it or not and I finally decided to. When he got home from work he was going to kick my mom out, make sure she left alone, keep his daughter (my half sister), and make me move to Georgia to live with my dad and he wanted to get a divorce. As of right now he's giving my mom a second chance but the way she talked about the situation she doesn't seem very confident in the whole second chance part and the divorce is still an option at this time.
    I don't want to move in with my dad in Georgia because I only have one year left of high school, I have a job here in Indiana, all my friends and my step dad's family (the family I grew up around) is all in Indiana. I wouldn't want to have to start all over in Georgia for only a year because after I graduated I'd just turn around and move back up here, which in the end would be a bunch of waste of time and money.
    I've been very independent since I was about eight to ten years old because my mom has a lot of medical conditions and isn't able to do much every day and when I was eight or so my step dad worked out of town a lot. So I had to teach myself how to cook stuff, do dishes, sweep, laundry and take care of my little sister half of the time because my mom wasn't able to and my step dad would've always been out of town. Today everyone just expects me to cook, clean and take care of my sister and if I don't it's like I did something wrong. I'm basically 16 with an 11 year old daughter because I'm the one who makes her dinner, helps with her homework, makes sure she takes a shower and gets in bed on time and wakes up when she's supposed to.
    If my mom and step dad were to get a divorce I would like to be able to get emancipated so I wouldn't have to move 8+ hours away from everything and everyone I grew up around. I get my license this coming week (around June 22) and currently I've spent about the last month at my friends house. If I were to get emancipated her house would probably not be my permanent living place because I'd like to get my own apartment, but I do plan on paying her rent for the time I do stay here. An I 100% believe that I'll be fine living on my own because most of my life growing up I had to 'cowboy up' and basically be a really really young mom to my own sister and take care of a whole house because my mom couldn't and still isn't able to.
    If you need anymore information please don't hesitate to ask! Thank you!
    You are not going to get emancipated.

    However, its also not your stepdad's decision to send you to live with your father. Your mother has custody of you and it would be her decision as to where you would live, until or unless your father files for custody and wins his case.

    Therefore unless your mother ALSO agrees that you need to be sent to Georgia to live with your father, you do not have to go, again, unless your father files for custody and wins.

  4. #4
    Join Date
    Jun 2015
    Posts
    2

    Default Re: Termination of Guardianship

    I understand it may not be 'proper' grounds but everything I said after that backed it up and all the things I used to back that one part up I think were grounds for emancipation.
    Wow, duh, that makes total sense. I've been stressing over all of this past day and a half and that totally slipped my mind that he'd have to file for custody and everything.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,079

    Default Re: Termination of Guardianship

    You haven't indicated how you would pay for rent, food, clothing, utilities, medical care, insurance, transportation, and school fees and supplies, and all the other incidentals of life, alone and unassisted (and rent does not mean $50 a week to live in your best friend's guest room - it means the full market rate than anyone else would have to pay) and if you can't do that, it doesn't matter how good a reason you have; emancipation is not an option. You have to prove to a judge FIRST that you have the means for complete self-support before he will even look at your reasons or whether or not it is in your best interest. Oh, did I mention that while you're earning the money to pay for all these things, you also have to be in school making better than average grades?

    Reasons you want to be emancipated are the LAST thing a judge will look at.

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