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  1. #1
    Join Date
    Dec 2007
    Location
    INDIANA
    Posts
    1

    Default Getting Emancipated At Age 14

    iM 14 YEARS OlD and I live in INDIANA. MI DAD KILLED MI MOM WHEN I WAS 5 AND THEN I MOVED IN WITH MI GRANDPARENTS AND MI LITTLE SISTER. THEN MI GRANDPARENTS SPLIT UP AND MI GRANDPA AND SISTER MOVED TO ARKANSAS AND I LIVE HERE IN INDIANA WIT MI GRANDMA AND IT IS HORRIBLE BECAUSE I ALSO HAVE TO LIVE WITH MI UNCLE WHO IS AN ALCOHOLIC AND I HATE HIM. I MAKE 700$ A MONTH AND I AM GETTING A JOB I COULD AFFORD TO GET AN APARTMENT AND LIVE WITH SOMEONE. SO IS THERE ANY WAY I COULD GET EMANCIPATED SO I COULD LIVE ON MY OWN?? I KNOW I COULD SUPPORT MYSELF AND GO TO SCHOOL AND WORK.!

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: I NEED HElP!

    Here are the statutes for Indiana

    TITLE 31. FAMILY LAW AND JUVENILE LAW
    ARTICLE 34. JUVENILE LAW: CHILDREN IN NEED OF SERVICES
    CHAPTER 20. DISPOSITIONAL DECREES

    § 31-34-20-6. Emancipation of child.

    (a) The juvenile court may emancipate a child under section 1(5) [IC 31-34-20-1(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.
    (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 the following:
    (1) IC 20-8.1-3 concerning compulsory school attendance.
    (2) The continuing jurisdiction of the court.

    TITLE 31. FAMILY LAW AND JUVENILE LAW
    ARTICLE 37. JUVENILE LAW: DELINQUENCY
    CHAPTER 19. DISPOSITIONAL DECREES

    § 31-37-19-27. Emancipation of child.

    (a) The juvenile court may emancipate a child under section 1(5) or 5(b)(5) [IC 31-37-19-1(5) or IC 31-37-19-5(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.
    Having said that... it is extraordinarily rare for a child living in a home provided by someone else to be granted emancipation. Combined with the rarity of a 14 year old child getting emancipation (I have never heard of one), you have a better statistical chance of sitting next to Elvis on the school bus.

    At least that has some chance.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I NEED HElP!

    As outlined above, 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.

    As cyjeff says, it's not realistic to expect emancipation at the age of 14.

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