Legal Question in Family Law in Indiana

!8 and ready to move but still in school

I am 18 and still in high school. My parents are divorced, and my mom and her current husband are moving to a different town. I don't want to move. A friend's parents have lined up a room in their house for me. My mom says I legaly can't move out until I graduate. Is this true. And Answer is need asap. Thank you for you time.


Asked on 1/26/04, 10:46 am

2 Answers from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: !8 and ready to move but still in school

If your mom is your custodial parent, your still in school, 18 and not emancipated, then you will have to abide by her wishes. She also has a legal duty to act in your best interest. Asking her to agree to this may place her in a disadvantaged legal position should some crisis arise while you are living with those not legally accountable for you.

However, if your father lives in town and is willing to allow you to live with him, maybe he and your mom can agree to something. This could include living with him simply to finish out your schooling or a change of custody. In any case it should be discussed with everyone and all should agree if it is to happen without any difficulties.

Please keep in mind this is only an over view of the situation given by you and without review of the full facts you SHOULD NOT rely upon this as legal advice applicable to your matter.

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Answered on 1/26/04, 11:06 am
Mary Ann Wunder Wunder & Wunder

Re: !8 and ready to move but still in school

Indiana law states that a person becomes an adult upon his or her respective 18th birthday. The divorce laws control children between parents between 18 and 21, but no court will insist that a person over 18 remain with a parent he or she no longer desires to reside with. You may lose some important benefits by leaving home - such as the divorce court may determine that you are emancipated for support purposes and you may not be able to legally enforce any financial assistance you may need in the future from either parent. You do have the right to leave home and reside where you please to finish high school. Other answers have considered the impact on your parent-child relationship and I am not going to dwell on that.

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Answered on 1/26/04, 1:09 pm


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