Legal Question in Family Law in Indiana

if custodial parent is getting child support but her autistic child is no longer living with her, do we have the right to file emancipation? The child will be 20 soon, living with his grandparents. has graduated high school and is not working even though he his highly functionable. The mom doesnt have him in any education groups or classes, even though the school offered him to repeat another year of school. He just sits and plays video games at his grandparents farm. He has gained 3 pant sized in the last 2 yrs since graduation. Since my fiance only has visitation every other weekend since the custody hearing was set since his divorce, there has never been any change in custody. Can custody be changed since the mother doesnt have custody but receives child support or can non custodial father file emancipation petition for child support to stop, since grandparents dont want and are not getting child support payments from custodial mother.


Asked on 11/05/11, 12:54 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

Your boyfriend needs to sit down with a family law attorney and discuss all of his options; there are too many variables to answer this question on an internet forum. He has the right to file a petition to emancipate, but he needs to sit down and discuss his chances of success.

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Answered on 11/05/11, 7:59 am


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