Legal Question in Family Law in Indiana

Emancipation

My son turned 18 on 3/31/04. I have total control, care & custody of him. He graduated from high school on 5/31/04. He is employed - part time & is looking for full time employment. Am I still legally responsible for him or is he now considered to be a legal adult? If he is hostile and threatening am I able to ask him to leave?


Asked on 6/09/04, 10:39 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Emancipation

A child becomes an adult at age 18. Unless you have a divorce or paternity decree determining otherwise, you have the right to evict an 18 year old or older person from your home. If you are receiving child support for your son, it may be stopped at any time after he leaves (or is encouraged to go). The other parent may petition the Court to modify custody and although the child is an adult at this time, if he is not self-supporting, the Court could modify custody if he wants to live with the other parent and require you to pay child support until he is emancipated between age 18 and 21 (meaning he is self-supporting through employment or other means). Essentially, yes, you can tell the child over 18 to take a hike, but it may have ramifications that might financially obligate you to help support the child after he leaves.

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Answered on 6/10/04, 12:47 pm


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