Legal Question in Family Law in Indiana

Emancipation

My son will be 17 yrs old in Nov 2008. He was kicked out of school in Jan 2008 for smoking pot on school grounds. He has enrolled in the 2008-2009 class year, but within 6 days, has already been caught skipping classes and stealing a wallet.

The kid only has 3 credits earned so far and needs 37 more to graduate.

If he would really buckle down, and get to 20 credits, he can be apply and be accepted at an different alternative school, where he actually could earn up to 14 credits per year.

Lets assume the best case scenario for the kid and that he was somehow accepted into that school today, without reaching the 20 credit standard. This would put his graduation out 2.64 years from today. Making it so he was 19.5 yrs old before he could graduate.

He also has his girlfriend pregnant and they are expecting in Feburary of this year.

Now I painted out the best picture above and it seems to me that if I filed a motion for emancipation, the judge would not grant it. But when he drops out or gets kicked out of school here in a month or so (an I know dang well he will) then would the judge see things my way and realize that my ex-wife is only enrolling him so that she can collect support?


Asked on 9/04/08, 4:46 pm

1 Answer from Attorneys

Re: Emancipation

You are unlikely to win in either case. Emancipation is based on a childs ability to take care of himself or herself unless it fits one of the areas enumerated in the statute. Your best bet is if he marries his girlfriend

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Answered on 9/04/08, 7:09 pm


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