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  1. #1
    Join Date
    Feb 2006
    Posts
    2

    Default How to get away from my mom

    okay i'll be 16 in march and i really want to get away from my mom! we don't get along and she stresses me out! i have to watch my siblings a lot while she 1) goes out with her friends, or 2) she's sleeping, which is most of the time!

    i live in indiana i just want to know the requirements on how i can be emancipated!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Emancipation in Indiana

    You indicated elsewhere that you are on probation. That could interfere with your emancipation, and further even if emancipated, as long as you remain on probation your probation officer will continue to have a great deal of control over where you live.

    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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