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Asker
Posted about 1 year ago.

How so? When my parents are abusive and my brother has assaulted me and was incarcerated for it. Like I stated above, CPS has already been involved and reports have been filled against my parents and a SAFETY contract was put into place, my mother is "fit" as far as financially there is more to this than I'm willing to uncover. And that's the thing I don't want CPS to find a adult that can take care of me, when I in fact meet the requirements to be emancipated, and can function as a adult. I'm living with a family friend already ,so obv. that's the best thing right now. I've reached out to every adult, counselor, and even the police officer that brought me home, they think I should proceed with this and are willing to witness in court aswell. All I wanted to know is the next step, I must take and the chances of, that I did not make clear of, if I went up against my parents cause i know they will try and fight it.

Pamela Sarah Boshears
Pamela Sarah Boshears, Family Law Attorney - Bloomington, IN
Posted about 1 year ago.

I understand your question. Unfortunately in Indiana teenagers can only be emancipated in the context of a child support case (at the parent's request), a CHINS abuse/neglect case, or a delinquency case. You cannot simply file a petition on your own to become emancipated against your parents' wishes or to involuntarily terminate your parents' rights. CPS can petition the court to emancipate you if you are a child in need of services and emancipation is in your best interests. If you wind up being charged and prosecuted in a juvenile delinquency case for running away from home, you could also make a case for emancipation in that proceeding.

The law may be different in other states.

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Asker
Posted about 1 year ago.

I'm talking about in the state of North Carolina, not Indiana. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_7B/Article_35.html

Pamela Sarah Boshears
Pamela Sarah Boshears, Family Law Attorney - Bloomington, IN
Posted about 1 year ago.

In that case you should consult a lawyer who is licensed in North Carolina.