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  1. #1

    Question Kentucky Emancipated an Indiana Resident

    Kentucky and Indiana

    Divorce/support/custody decree is in Kentucky. Mother and 17 year old live in Indiana.

    The Kentucky court order states that "based on affidavit of 17 year old and based on respondent testimony, 17 year doesn't live with his mother, is not enrolled in a full time school, and is employed, the court finds 17 year old is emancipated and current child support is terminated effective 6/18/08"

    So is the 17 year old emancipated or does Kentucky not have jurisdiction to rule on a child living in Indiana? We've had two indiana officers say he's emancipated, but one decided he wasn't and threatened to take him to jail if he didn't return to his mothers house.

  2. #2

    Default Re: Kentucky Emancipated an Indiana Resident

    Kentucky didn't order that the minor BE emancipated - they ruled that the situation didn't warrant continuation of support as they minor was CONSIDERED to be emancipated. Their use of the word emancipation as used in this scenario was probably a poor one - but one only intended to indicate that the adult in question was no longer considered to be providing support to the minor and thus should not be receiving the financial support. This is a very different animal than a court legally emancipating the minor in question.

    For the minor in question to actually be LEGALLY emancipated, they would have to bring a petition to the court, and the minor would be listed as "petitioner". In this case, the court is talking ABOUT the minor, not TO the minor. So until a REAL emancipation happens by direct order of a court, the minor in question is still considered a minor child, not an emancipated one.

  3. #3

    Default Re: Kentucky Emancipated an Indiana Resident

    Thank you, that makes sense. I know there're two types of emancipation, one being for child support and the other for parental control. Because of the wording I couldn't figure out which one this was referring to. He'll be at the courthouse bright and early Monday morning.

    I know that in Indiana it's next to impossible to get emancipation unless it's a CHINS case, but I think I can rectify that. He's lives here because that house is so nasty and there is never any food there. I'll be calling CPS and probably ask the police to do a quick welfare check on him tomorrow. If she wants to live in nastiness that's fine but she shouldn't force her kid to live that way.

    If all else fails, he's only got until February to wait it out.

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