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Emancipation laws in Indiana

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  • Emancipation laws in Indiana

    I was wondering if it was at all possible for an emancipation from my parents in Indiana and what would be the criteria and rules for such an act. I would be more than happy to consider alternatives if there are any, but as of now i feel this is the only choice. I would love to have more information

    Thank you.

  • #2
    IC 31-34-20-6
    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.


    Do you have a job and make enough money to fully support yourself? Enough to pay for rent, utilities, food, medical expenses, etc.? I assume your parents are going to contest this--do you have a VALID reason (reasons such as 'we just don't get along' 'I want more freedom' etc. are not valid reasons).

    Comment


    • #3
      Thank you for more information. I was just curious as to how long an emancipation would take, and where I should go and what I should do to have one. Im planning on waiting until i save up enough money for a car and get a good job. After that is it my responsibility to come up with an apartment and show that i have efficient funds for proper shelter, food, etc? I was also wondering if this takes place in a courtroom and what not. I appreciate the information and hope im not being a pest.

      Thank you.

      P.S. I was curious as to whether or not i would have to come up with an adult that was not within my blood relatives to speak on my behalf as to me being able to care for myself and take on the responibilities of an adult.

      Comment


      • #4
        How old are you?
        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


        • #5
          16 years old

          Comment


          • #6
            Originally posted by blah1975
            Thank you for more information. I was just curious as to how long an emancipation would take, and where I should go and what I should do to have one. Im planning on waiting until i save up enough money for a car and get a good job. After that is it my responsibility to come up with an apartment and show that i have efficient funds for proper shelter, food, etc? I was also wondering if this takes place in a courtroom and what not. I appreciate the information and hope im not being a pest.

            Thank you.

            P.S. I was curious as to whether or not i would have to come up with an adult that was not within my blood relatives to speak on my behalf as to me being able to care for myself and take on the responibilities of an adult.
            Iím not from Indiana, and I donít know the specific requirements for your state. However, generally speaking:

            --you file a petition and pay a filing fee
            --a hearing is set (in front of a judge, but no jury)
            --Mom and Dad are notified of the hearing
            --Mom and Dad can contest the emancipation (if they do you better have a darn good reason why emancipation would be in your best interest)
            --the judge reviews the case and either grants or denies the petition

            The length of time it takes depends on many factors, but you can expect it to take several months. Youíd have to have a job FIRST before petitioning, and your income would have to be sufficient to pay all of your expenses. Youíd have to provide proof of that, such as paycheck stubs and a written financial plan/budget (listing income and expenses). There are states that require affidavits by unrelated persons stating that they have personal knowledge of the minor's circumstances, believe that emancipation would be in the minorís best interests, etc, etc. I donít know that your state does or does not require that.

            Hereís what I can tell you...emancipation is actually a very rare thing. Itís not as common or easy as most teenagers seem to think it is, especially when your parents contest it.

            My advice is to talk to a local attorney about it.

            Comment


            • #7
              I don't know Indiana's specific laws on the subject either. I do know that not all states will emancipate a minor at all, and of those that will, not all will emancipate a 16 year old.

              As pty says, legal emancipation of a minor happens rarely. I wouldn't be holding my breath waiting for it to happen.
              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


              • #8
                Hi,
                I found this thread while searching Google for, "Minor emancipation laws", and i'd like to comment.

                I'm a 17 year old male, with my GED and a house downtown. I'll be living with my friend, and we will be splitting the cost of living in the house we already have. He's currently living there right now, and we're both very able to make ends meet.

                I have a good job, and im looking at a promotion to a trainer at the restraunt I work at with a raise and some benefits. I told my boss my plans to move out, and told him i'd no longer be able to work with them anymore, and he wants me to stay on as im one of his "best workers with a good attitude and a all around good guy to have", which means a lot considering most employees dont really work hard there, and I know it. He's offered to help me out with college and getting scholarships, he could speak on my behalf infront of a court if needed, and i'm sure he would.

                Now, I turn 18 in May, but i've been "on my own" for years basically. I buy my own clothes and food, bought my computer and my belongings. We're financially set, the family, but currently I just feel more as a burden here than anything else. I do not speak to family, they do not speak to me. Its a relationship that has grown to feel as if I live with strangers (Dad and stepmom) moreso than a family, but thats been alright with me. I come and go as I please, I do not get in trouble nor did I ever when I was in school. I do not drive, as I cant justify it being worth buying a car, paying insurance, and gas when I prefer to walk or bike everywhere. Its not uncommon for me to walk 10 miles through the woods and nature around here to get to where I need to go.

                I've yet to aproach this idea with my dad, who in the past has been lax with my other choices, but I feel as if they enjoy the $300 they get from my Mom each month (child support) to really 'let me go', despite I see NONE of that a month. I pay for my own glasses, and im healthy as can be so no medical bills are needed currently, but I hate for my mom, who is struggling financially, to have her money wasted on luxouries(sp) and things for my Dad and stepmom, because I know I dont use up $300 a month worth of electricity, water, and the rare meal I eat here.

                You think I have a good chance of being emancipated? I turn 18 in late May and all in all, the sooner I get out of the better. I'll be able to expand my hobbies (film making, photography, etc, all of which i've purchased equipment on my own, without help from parents) and try to make something out of that, and if not, Ivy Tech certainlly isnt bad at all.

                Comment


                • #9
                  Why worry about emancipation? You will be 18 in 2 months. Any court proceeding will take longer than that. You sound like you have a good head on your shoulders and I wish you the best the future can possibly hold.
                  HOOK 'EM HORNS!!!
                  How do you catch a very rare rabbit?
                  (unique up on him)
                  How do catch an ordinary rabbit?
                  (same way)

                  Comment


                  • #10
                    Thanks,

                    Why now and not just wait two months? I'd really honestly prefer to get out of here as soon as possible. I'll just try to get my Dad to agree to 'let me go', and then perhaps him and my mom can figure out the support thing,or just have it stopped. (I think its terrible she has to spend that much money on me when I only "get" to see her every other weekend and she's not financially stable.)

                    Sorry for hijacking this thread, but I didnt feel the need to create a new thread seeing as Blah and myself are in the same boat.

                    Comment


                    • #11
                      wondering

                      would the fach that my parents are constently fighting i do laundry push mowing my 1/2 acar yard, cleaning , my dad being in the hosiptal in and out, i buy my own clothes work?

                      Comment


                      • #12
                        Not likely. That doesn't make you any different from hundreds if not thousands of other teens all over the country.
                        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


                        • #13
                          Originally posted by lilcraziguy08
                          would the fach that my parents are constently fighting i do laundry push mowing my 1/2 acar yard, cleaning , my dad being in the hosiptal in and out, i buy my own clothes work?
                          If you mean is that enough of a reason to get emancipated, then NO.

                          Comment


                          • #14
                            No, those are reasonabe chores (oh I live for the day my kids are big enough to do the yard and their own laundry). Believe me, once you are on your own, there is no end to the list of things to be done.
                            HOOK 'EM HORNS!!!
                            How do you catch a very rare rabbit?
                            (unique up on him)
                            How do catch an ordinary rabbit?
                            (same way)

                            Comment


                            • #15
                              Originally posted by pty
                              If you mean is that enough of a reason to get emancipated, then NO.
                              However, from what you stated above how would it not be?

                              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.
                              I'm not saying you're wrong, but from what I gathered, I thought you just pretty much needed a way of presenting to a judge or whoever, "Hey, I can make it on my own. Here is how i'll make money, this is how i'll get to work, this is how much i'll make after taxes with X ammount left over after bills, etc etc."

                              I'm only concerned because as I said above, i'm 17 and seek emancipation, and the only reason I really, honestly want emancipation is because I practically live on my own as it is; and have been for quite some time. That plus the fact I already have a house downtown that a friend and I just bought (not renting) (well its in his name, as he's 19, but we're still doing it 50-50 for the most part). We have plenty of money for it all, financially we're set. Money will not be a problem in any way, so its the least of my concerns.

                              Anyway, can someone revise what I had said and tell me if I can indeed be emancipated? I'm not abused, my Dad or stepmom arent alcoholics or sexual predators. They're not meth heads or 'bad', just very distant and we never speak. Nothing more than a, "Hey" here and there, or a, "I'll be back later".

                              Comment

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