Legal Question in Family Law in Indiana

Emancipation jurisdiction

I have a 17 year old that has lived with me for the last 9 months or so. We live in Indiana. He has been paying me rent and helping with the bills and food. He works full time and has not been enrolled in regular school since age 10 (his mother said she was homeschooling but she wasn't.) He has taken his GED test and unfortunately failed but is planning to retake the test. At a recent court hearing for modification of support in Kentucky (that is where the support order is) the judge found that ''***** does not live with his mother, is not enrolled in schooll, and is employed, the court finds ***** is emancipated and current child support is terminated.'' His mother is now forcing him to come to her house and our Indiana law officers say that he is not emancipated because he lives in Indiana and Kentucky has no jurisdiction. Who is right? Is he emancipated or is he not?


Asked on 6/27/08, 9:30 pm

1 Answer from Attorneys

Re: Emancipation jurisdiction

If the hearing took place before the child had lived with you for 6 months, then Ky has jurisdiction, if after, probably not. Regardless, you may be able to file for custody in Indiana as a de facto custodian and prevent the mother from making him move in with her.

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Answered on 6/28/08, 11:16 am


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