Indiana Petition for Termination of Guardianship due to Emancipation of Minor

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US-02602BG
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Description

Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand.


Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. For example, a parent might consent to allowing a child to establish a separate household. In other cases, a parent may force the minor to leave and support him/herself. Generally, parental consent is required, except in cases of parental misconduct that causes the minor to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts. State laws on emancipation vary, so local laws should be consulted for specific requirements in your area.


Sometimes the emancipation of a child ends the obligation of a divorced parent to pay child support. When a child reaches the age of emancipation, the duty of a parent for child support often ends. However, the age of emancipation varies by state. Also, a parent may be obligated to support a child for a longer period, such as through college, under a divorce decree. Emancipation will not relieve a parent from obligations to pay past due child support amounts.


Requirements for emancipation vary by state.

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FAQ

To achieve court approval of a petition for the termination of parental rights, the claimant must prove that the parent and child have been separated for at least six months under a court order. The claimant must also show that the court has found it unnecessary to expend reasonable effort to reunification.

In order to get guardianship of a minor child, you must explain to the court how a guardianship is in the best interest of the child and ask the court to appoint you as the guardian. Look through our self-help forms, videos, and linked resources on Guardianship in Indiana.

It is always best to get an attorney, and sometimes the court will require you to have an attorney in a guardianship case. You should review the statutes on guardianship here: Indiana Code Title 29-3. Rules may be different in every county.

File a Petition for Guardianship with a court with probate jurisdiction and notify the allegedly incapacitated person, all close family members, and any person or institution having care or custody of the allegedly incapacitated person during the 60 days preceding filing of guardianship petition. Pay the filing fee.

FILING FEES & COST INFORMATION CASE DESCRIPTIONFILING FEESEstate ? Miscellaneous$177.00Expungement - Conviction$157.00Expungement - No ConvictionNo ChargeGuardianship$177.0018 more rows ?

Does guardianship override parental rights in Indiana, or do they cease to exist? In short, receiving an order of guardianship does not typically terminate parental rights in Indiana. The general idea behind guardianship is that it is temporary and reunification is the goal of the court system.

Parental rights cannot be terminated. The child continues to benefit from the relationship with the birth family.

Terminating guardianship in Indiana can be due to the death of the ward, no longer being incapacitated, or the court finding it unnecessary. The process consists of filing a petition, notifying involved parties, and attending hearings.

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Indiana Petition for Termination of Guardianship due to Emancipation of Minor