Skip to main content

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

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.

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.

+ Read More

Attorney answers 2

Best Answer
Posted

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 of this online, non-confidential forum, and because each and every family law case is different, it is impossible for any attorney to consider all of the facts of your specific case and provide a concrete answer. If you require specific legal advice, you should retain a qualified attorney in your area.

Posted

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.

Asker

Posted

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

Posted

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.

Asker

Posted

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

Posted

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

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer