Full question:
My friend’s dad is a lawyer. I met him to ask about how I can get emancipation and if he could help me in getting an order for the same. He says he will help me if I could possibly show in the court that I have some money to take care of my expenses once I start living independently. Do the courts look into such things while deciding emancipation cases?
- Category: Minors
- Date:
- State: Indiana
Answer:
Yes, he court may ask you if you’ve got enough money for supporting yourself. There are many other factors that the court may consider before declaring you emancipated.The other factors are;
The court may want to know if it’s your really wish to be free from the control of your mom and dad and that you no longer need their protection and control.
The court would make sure that you understand the consequences of being free from your parent’s control and protection.
The court may also ask if you’ve got an acceptable plan for living independently as an emancipated minor.
Here is the law for more information:
Burns Ind. Code Ann. § 31-34-20-6 ;
Emancipation of child.
(a) The juvenile court may emancipate a child under section 1(5) [IC 31-34-20-1(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.
(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 the following:
(1) IC 20-33-2 concerning compulsory school attendance.
(2) The continuing jurisdiction of the court.
Burns Ind. Code Ann. § 31-37-19-27:
Emancipation of child.
(a) The juvenile court may emancipate a child under section 1(5) or 5(b)(5) [IC 31-37-19-1(5) or IC 31-37-19-5(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 20-33-2 concerning compulsory school attendance; and
(2) the continuing jurisdiction of the court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
