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Emancipation question Indiana

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  • #1

    Emancipation question Indiana

    Hello,

    My sons friend has been living with me (and my son) for a year. We have been supporting the friend and providing all care 24/7.
    The friend is only 15 years old and we live in Indiana. The friend is wanting to emancipate themselves and I have agreed to help support them if they are able to do so.
    Under extreme circumstances, are 15 year olds in Indiana able to file for emancipation? Everything that I have read online has stated that a teenager must be at least 16 years of age to file.
    HELP!!
    Tags: None
  • #2
    Unless he meets ALL the qualifications for emancipation, which includes not only being at least the minimum age but also having the ability to pay all of his own support without assistance, he is wasting his time even trying. Not to mention having the consent of his parents or legal guardian(s).

    I trust that his parents know where he is and have approved his living with you? If that is not the case, you could be facing legal charges yourself.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment

    • #3
      Yes, the parents know that he is with us. The mom is ok with is as she still collects child support from the father and uses it for her own needs.
      The father is in and out of jail and is currently living in a homeless shelter.
      The mother is a stripper and just recently moved her new boyfriend in, the boyfriend also happens to be a sex offender and he just got out of jail 6 months ago after doing 14 years for multiple offenses. There are drugs and alcohol in the home at all times and before the mom found her new boyfriend, she had men in and out of the house because of her 'job'.
      My sons friend was tired of never being taken care of and so we made arrangements with the mother to keep him with us.
      The biggest issue that we have right now is, neither parent will do anything for the son. So when he needs school papers signed, they wont do it and I dont have the authority to do it because I am not his legal guardian. For instance, he is in drivers ed right now, but neither parent will take the time to get him his driving hours with them, and once again, I am unable to do this because (per the paperwork) I am not his blood relative/by marriage/legal guardian.
      We run in to so many issues where he needs a parent or legal guardian to do something for him and they dont help and my hands are tied.
      He wants to apply at age 16 for sure, but being that there is no support from his parents now (financially or otherwise) he was hoping he would have a case to get himself emancipated a little earlier than age 16?

      Comment

      • #4
        cbg already gave you the answer. Emancipation means the minor becomes legally an adult. To qualify as that, they have to be able to support themselves, financially, emotionally, etc. just as an adult would. They need to be capable of living independently. Emancipation is not a tool to get someone out a bad home life, no matter how unfit the parents are. Age is the least of the hurdles he would need to cross to legally emancipate-and he will not be able to cross the others when he is 16 either. I know your intentions here are good, but you are just barking up the wrong tree with emancipation. As long as he's dependent on an adult, whether it's you or his birthparents, for food, clothing, and shelter, emancipation is off the table.

        You know who actually successfully emancipates? Mostly celebrity kids making millions of dollars.

        You should first see if the parents might be persuaded to give you guardianship legally. If not, consult with a lawyer who specializes in family law about what it would take to take guardianship against the will of the parents. Be prepared for a long, hard fight.

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        • #5
          No. No matter what the circumstances, he cannot be emancipated at 15. Period.

          What's more, he cannot be emancipated at 16 unless he, and he alone, is paying 100% of his own support. If you are supporting him in full or in part, or if his parents are providing any of his support, then he cannot be emancipated at 16. Or 17.

          He WILL NOT be emancipated unless he meets Every. Single. One. of the requirements.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment

          • #6
            You do NOT have an emancipation situation here. At best you have a custody/support one

            http://www.parentnook.com/teen-emancipation/
            http://www.parentnook.com/forum/

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