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I'm 16 and pregnant. How can i get emancipated or married with out parental consent?

Lafayette, IN |

The father of my baby is 18, but my parents don't want him to be in my life or the babies life even though we have had consent for two years for being together. My boyfriend keeps fighting to be in mine and the babies life, but my parents won't let him in. My parents are physically and mentally abusive, so i want to get out of this house and be able to surround my baby with a positive environment and have a better future with out all this negativity. How can i get emancipated at the age of 16 with out parent consent? I'm in need of help.
Thanks.

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Attorney answers 2

Posted

Emancipation in Indiana is governed by statute. Check Ind. Code § 31-37-19-27, available at http://www.in.gov/legislative/ic/code/title31/ar37/ch19.html. The problem with this statute is that it only applies to a delinquent child, which is defined at Ind. Code 31-37-2, available at http://www.in.gov/legislative/ic/code/title31/ar37/ch2.html. To see how to take advantage of the statute in a careful way that will help show the court you are responsible enough to be emancipated, you should consult with an experienced family law attorney.

Please consider the option to mark this answer as helpful or best answer. I have taken no action on your problem other than to review your question. I want to confirm that no attorney-client relationship has been created between our firm and you in connection with this matter, and that nothing in this response is legal advice to you. My intention was to provide a small bit of help in a short amount of time. As you may know, the legislature and the courts can change the law in ways that may affect the strength of your case. In addition, the circumstances of your case may change. Because I do not represent you, I cannot keep track of, and inform you about, any change in the law. There are time limits for raising certain claims and defenses. Without taking more time to review your case, this firm cannot properly advise about those deadlines. You may lose your claims and defenses if they are not filed in court within the time allowed. I advise you to retain the services of an attorney as soon as possible.

Gregory Philip Bowes

Gregory Philip Bowes

Posted

I thought about this more, and then found another statute that might help you. Under Ind. Code § 31-11-1-6, you have a chance to petition for court approval of a marriage to the father. Discuss that statute, found at http://www.in.gov/legislative/ic/code/title31/ar11/ch1.html#IC31-11-1-6, with an experienced local family attorney, to see what your options are. Under this statute, the court must hold a hearing before granting your petition, and must invite your parents to the hearing and allow them to challenge your petition.

Posted

My colleague is definitely accurate. I would advise you that most judges are not inclined to grant emancipation unless you get Child Protective Services involved and find that you are the victim of child abuse or neglect.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.