Results 1 to 4 of 4
  1. #1

    Post Is My Situation Enough To Get Emancipated




    I'm 16, live in Indiana, and I live with my dad and my mom passed away last year. Ever since my mom passed away my life has been bad. Not because she's gone but because my dad is ridiculous and is very selfish. He takes away everything I love. Whenever I need money he always yells at me a lot but then turns around and buys stuff for himself that is very expensive. I brought this up to him and he said "Yea, and that's how it's going to stay." Him and I can't be together for 5 minutes without huge argument. He sets up all these rules for me but then my brother runs around and does whatever he pleases. He never talks to me about what's wrong and never tries to understand how I feel. I know that's how a lot of dads are, and my situation could be worse because I'm not physically abused. But, I really want to do something about it. I was diagnosed with depression and my dad refuses to take me to a therapist. Whenever I'm unhappy it's always because of him and it always makes me suicidal. Whenever I do something slightly bad he freaks out and never congratulates me for doing well. In his eyes everything I do is bad. My dad also is at his girlfriends a lot, and isn't home a lot. He spends all his money on her or his motorcycle. I asked him for $25 for something for school and he said that because he gave me that he isn't going to buy groceries. He always says how he doesn't have enough money for the things I need but then I find receipts for $70 biker gloves, and signs and vests. Recently I got a reckless driving ticket for speeding and he grounded me from my car, which is understandable. But, he won't even let me drive it to work. He says I have to walk. Sometimes I work until 10pm and I told him that I'm scared to walk him alone at 10pm cause I'm scared somebody will rape or kidnap me and he told me "Well, you're going to have to." He's grounded me for two months, and I calculated that I will have to walk or get rides 80 times. He also said that if I get fired he's selling my car. But, how am I supposed to get to work? I feel trapped and depressed all the time because of him. He bought me my car but it was for selfish reasons. He told me he was tired of me asking him for rides all the time. I know my situation isn't bad compared to a lot of other teenagers but that doesn't mean I shouldn't get emancipated if I can. I work at Pizza Hut for $5.85 an hour. I know that's not much but lot's of people live on minimum wage and I would get another job if necessary. My boyfriend and I are engaged and I could move in with him. Although he lives with his parents, he is 18 and works at a Steel Mill for $17 an hour and is only staying there so he can save money for school. There is a lot of things my dad does that deems him a terrible dad. But, I refuse to keep it in memory. I know you probably don't believe me and think I'm just another kid fighting with her parents, but I beg you to answer my question as if you do believe me. Is there any possible way for me to get emancipated? You're input would be much appreciated. Also, I know and understand the laws of emancipation in Indiana. I just need to know if my situation is possibly enough to get emancipated before I try and pursue it.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is my situation enough to get emancipated?

    Indiana has an emancipation statute for a "child in need of services", see Indiana Code § 31-34-20 et seq. An action to have a minor determined to be a "child in need of services" is brought by protective services or a prosecutor, and can result in the minor becoming a ward of the state.

    Otherwise 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.
    You have told us a lot about the first part of factor 1, hinted a bit at the second part of factor 1 and at factor 2, and have said nothing about factors 3 and 4. ("My boyfriend will support me" is not enough.) You must satisfy all four factors.

  3. #3

    Question Re: Is my situation enough to get emancipated?

    Quote Quoting aaron
    View Post
    Indiana has an emancipation statute for a "child in need of services", see Indiana Code § 31-34-20 et seq. An action to have a minor determined to be a "child in need of services" is brought by protective services or a prosecutor, and can result in the minor becoming a ward of the state.
    How do I set this in motion?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is my situation enough to get emancipated?

    If you want to be a "child in need of services", you have to fall under the jurisdiction of protective services - that is, be removed from the home for abuse or neglect. Were that to happen, there's no guarantee that you would be permitted to emancipate.

    1. Sponsored Links
       

Similar Threads

  1. Disability Benefits: Changes in Financial Situation While on SSI
    By Cindy1976 in forum Social Security Law
    Replies: 7
    Last Post: 04-19-2010, 11:37 AM
  2. Emancipation: Can I Become Emancipated if I Live Apart From My Parents
    By gingerchick in forum Juvenile Law
    Replies: 1
    Last Post: 04-07-2010, 07:24 AM
  3. Background Checks: Background And Job Situation
    By longfella4 in forum Employment and Labor
    Replies: 3
    Last Post: 04-27-2008, 04:42 PM
  4. Child Abuse: Can You Take Your Younger Sibling Out of an Abusive Home
    By childofinfamy08 in forum Abuse and Neglect
    Replies: 1
    Last Post: 01-31-2008, 10:36 AM
  5. H Visas: HIB Quota and OPT Situation
    By Athenos in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 09-10-2005, 07:45 PM
 
 
Sponsored Links

Legal Help, Information and Resources