What are the odds of winning a emancipation case, and what are the steps to it?

Asked over 1 year ago - Mishawaka, IN

Im a 16 year old female trying to get emancipated from my parents that reside in the state of North carolina, and i reside in the state of indiana. My mom has given temporary guardianship, I have been living here since march 5, 2013. I need to get this process going but, me being a teen I need guidance.

Additional information

cps reports were filled on my parents multiple times for abuse, to a point were cps issued a safety contract with my step-dad to where he wasn't aloud to be alone with me with out my mother present, I have a record of not going to school, and1 report of running away. My mom has given temp. guardianship to my aunt(in indiana) and its not working out, she just got out of prison and takes meds"not to kill people" as she said, i have moved out and live with an old family friend, I just wanna be on my own and not rely on what my parents say. im aware of the requirements to be emancipated.

Attorney answers (2)

  1. Katherine Elizabeth Flood

    Pro

    Contributor Level 14

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    Answered . What an awful situation. My heart goes out to you - you shouldn't have to live like this, bounced around between adults who don't treat you properly. I'm sorry you're going through this. Unfortunately minors in Indiana cannot themselves petition the court for emancipation - either your parents have to do so, or CPS can open a CHINS case on your behalf and seek to do so. Since CPS has already been involved, I'd urge you to get in touch with your case worker to discuss the possibility of opening a CHINS and/or any other family solutions they may offer. Often, CPS will provide counseling or other support to families with serious issues, prior to trying to take the kids away entirely. Please give it a try. I wish you the very best.

    Katherine Flood
    Indianapolis divorce lawyer

    The foregoing is not intended to be specific legal advice, but rather general information. Because of the nature... more
  2. Pamela Sarah Boshears

    Contributor Level 11

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    Lawyer agrees

    Answered . Your chances are pretty low. The first step in the process for you as a minor is to contact CPS and report abuse or neglect. If your mom and the guardian she appointed are not unfit, the court will not terminate their rights and emancipate you even if you are able to support yourself financially. If you are not safe with your mom or your aunt, CPS will probably look for another adult who can take care of you. The family friend you are living with might be a good choice.

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