Legal Question in Family Law in Indiana

Can I move out?

I don't really get along with my mother. My counselor and my doctor both recomended that I should go to a girls home until I turn 18. They think that my mother adds stress to my life that adds on to my depression. I don't want to go into a girls home though. I rather live on my own. I plan on finishing high school no matter where I live. Can I move out of my house if my mother doesn't want me to.


Asked on 12/28/97, 5:34 pm

2 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Can I move out?

I'm not licensed in Indiana and don't know what the law is there so you need to speak with a local attorney to find out what the rule is your state, but in many states you MIGHT be able to get a court order emancipating you and allowing you to live on your own. But judges look at a number of things in deciding whether to emancipate a minor -- the individual maturity of the minor, the reason they want to be emancipated, their age, their parent's position on the matter, where they are going to live, and how they are going to support themselves.Generally emancipation means you not only no longer have to answer to a parent, and can no longer get hauled into Juvenile court as an "unruly" delinquent for refusing to obey parents.... it also means they no longer have to contribute to your support.

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Answered on 12/30/97, 2:41 am
Robert Friend Robert H. Friend, Attorney at Law

Can I move out?

The question "can I move out" may not be a legal question, it may be a practical one. To move out, you need to be able to support yourself (and most teenagers seem to think they can - as I probably thought when I was young - but they really can't). Moving out puts a lot of financial and other burdens on you that, if you are depressed (depression is a MAJOR illness, by the way, and many, many people suffer from it), there will be times when it will be impossible for you to keep yourself going emotionally. That's why a group or foster home, or something similar, would be better for you, although every choice has its negatives. Again, this is not a legal opinion, but a practical one. Don't try to go it alone; it's harder than you think. However, if you do find a caring family who is prepared to take you in and work with you, there is a procedure (called "emancipation" in my state) where you can go in and prove to a judge that you are prepared financially and otherwise to take care of yourself until you legally become an adult. If the court agrees, then you are "emancipated" or, legally made an adult. But if you are already close to legal age in your state (18 in my state - NC), this might be a waste of time and money.

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Answered on 12/31/97, 1:36 pm


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