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  1. #1
    Join Date
    Mar 2006
    Location
    Indiana
    Posts
    2

    Default

    Hi, I am 22 yrs old, married, and my 16 (soon to be 17) year old sister is having problems at home. My parents were divoriced about 10 yrs ago. And theres 3 of us girls. My older sister and I are already married and out of the house, unfourtanelty, by little sister still has a ways to go. Both of our parents are extremely alcoholic and have no clue how to raise a child anymore. My mother, which is who she lives with, has completely went crazy. She blames my little sister for the way her (my mothers) life is. She is emotionally abusing her badly. My dad, is really hard on her. He makes her come over to his house and clean it, just to get money that she has to have, like for school and food. He of course doesnt pay child support. She has been to the doctor, because she's so stressed that she cant even eat, and the doctor told her she has to get counceling, that she is depressed. I can tell she is as well. So, my sister has been staying here with my husband and I because I feel it is best for her. I dont really think its legal for her to stay here, but what should I do? Is there anyway she could be come emansipated w/o my parents consent at her age in Indiana? Please let me know because things are bad around here, and I wuold lilke to get them resolved as quickly as possible.

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

    Default

    If your parents know she is with you, and they aren't making an effort to make your sister return home, there shouldn't be a problem with her continuing to live with you.

    In terms of emancipation, 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.

  3. #3
    Join Date
    Mar 2006
    Location
    Indiana
    Posts
    2

    Default

    well my mother wants her to come back, not sure why, but where do we go from here?

  4. #4
    Join Date
    May 2007
    Posts
    18

    Default Re: Emancipation for my Younger Sister

    Quote Quoting concerned sister
    View Post
    well my mother wants her to come back, not sure why, but where do we go from here?
    send her home, neither of you have a choice, unless you want to face interference with parental custody charges. until your sister turns 18, she stays with mom where she belongs

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