Legal Question in Family Law in Indiana
Child Emancipation
Our 17 yr old daughter left our home in Missouri and moved to her boyfriend's family's house in Indiana last week. We talked with the police here in Missouri and they advised us there is nothing we can do to bring her back home legally since she is 17. The high school in Indiana where she wants to attend now won't let her attend there until and unless we turn over guardianship to the family she is living with now, or until she has proof of emancipation. Turning over guardianship is not an option her father and I are considering now, so we would like to know about the emancipation process, how we begin it, and exactly what it is. Can you help? Thank you.
3 Answers from Attorneys
Child Emancipation
The law on emancipation will vary from state to state. You can find the Indiana Code sections addressing the issue at the following web site.http://www.ai.org/legislative/ic/code/
Imancipation of minor child
A 17 year cannot be imancipated in Indiana unless they are married or enter military service on a full time basis. If you wish her to return to Missouri follow these steps. Notify the family in writing that you are the legal guardian of this child and that they are harboring her without you permissio and should they continue, you will file criminal charges. 2. Get a certified copy of the order of guardianship from the clerk of the court which issued the guardianship and file it in the foriegn judgements docket of of the clerk of the Circuit Court in the county where she is residing in Indina. The file a petition in that county for return of the child. The Indiana Courts are required to give full faith and credit to the Missouri court order. You can also prosecute anyone who is harbering her knowingly contrary to your wishes.
Emancipation of a minor
Check with the Clerk of Court's office (or similar) in the county where she now physically resides. They may be able to mail you some forms that will give you what you need to know. Otherwise (and maybe anyway), you will probably have to get in touch with a lawyer in that county of that state. In my state, (NC), a minor has to prove that he/she can support himself/herself, among other things.