Emancipating in Florida

[l0std0ll]

I'm a 16 year old female. My parents have been divorced ever since I can remember. They have gotten along so that they could share custody of me for the past 11 or 12 years. My parents are both remarried and happy with their own families. My dad seems to have a problem with me and everything about me is wrong. for example when I do something little wrong he flips out and calls me a slut, a whore, just anything he can think of really. He says things that really bother me emotionally. My stpdad does it too, so it's not like I can get away from the negatives at one house by going to the other. My mom and stepdad are constantly fighting and arguing over anything they can think of but mainly their relationship. I have told my mother that I do not like my stepdad or even respect him numerous times, because of the fact that he has been caught cheating on her over and over again. I know it is wrong I have no respect for my mother either though because of the fact that she puts up with what he does. I have tried just staying at a friends house to get away from my parents and the chaos but they have these really strict rules where I can barely leave the house. I have tried to get away many times and I will admit that i have ran away before and gotten put into a correctional facility but all they did was blame eveerything on mw and no problems were solved. The day i got out things were back to normal. For example on the 14th of February I called my friend to tell her happy valentines day and when my dad came home from dinner with my stepmom he checked the redial and seeing that I had yusd the phone he starte yelling at me and smacking me on the head. Then he proceded to grab me by my neck and pushed me against our back door. I couldn'yt get him to let go but when he finally did, I went to my room and i packed my things and planned to run away again. The next morning I left feeling overwhelmed and I didn't want to ever go back. I was gone for a whole day. I decided to return under the condition that my mom recieve full custody of me or I would get emancipated. She promised but when I got back home she was ther with my dad and he started the verbal abuse the second he saw me. He wasn't even happy I was home All he wanted was me to be put into Juveile Detention. The police stated that ther was nothinf He could do about the situation and that running away wasn't illegal in Florida. But obviously running away isn't getting my point across. i need to be out of that house hold. I have been sucessfull in school recently and I currently have a well paying job. The other day I was upset and I accidentally slammed a door at my dad's house and he chased me down the hallway. He again grabbed me by the throat and I couldn't get him off of me. he slapped me in the face numerous times and told me that i was a whore and made some other degrading comments. My stepmom heard the commtion and came to pull him away from me. He pushed her out of the way and stormed off. I immediatley got to the phone and called my mother thinking she would do something but she wouldn't even leave work to come get me. She told me my stepdad would be there soon. He did show up. He had been at the bar and was apparently intoxicated, like usual. He took me back to my mom's house and dropped me off to stay there all night by myself. No family member of mine offers me support or help when it doesn't benifit them. Also my mother claims that the reason that she and my father got a divorce was because he was mentally and physically abusive. I want to know, if she found a way out , why can't I? My dad has even told me berore, "If I could just beat the shit out of you one ****ing time it would make my day, even if I did go to jail." The main problem is that he is always careful not to leave marks because he knows I would call HRS on him. He is currently taking madeication for anger problems though, Im think the medication is called Effexer. I don't know what lse I can do! Can you offe any suggestions? or is there anyway I could get emancipated because of this?

[aaron]

Florida's emancipation law provides:

(1) A circuit court has jurisdiction to remove the disabilities of nonage of a minor age 16 or older residing in this state upon a petition filed by the minor's natural or legal guardian or, if there is none, by a guardian ad litem.

(2) The petition shall contain the following information:

(a) The name, address, residence, and date of birth of the minor.

(b) The name, address, and current location of each of the minor's parents, if known.

(c) The name, date of birth, custody, and location of any children born to the minor.

(d) A statement of the minor's character, habits, education, income, and mental capacity for business, and an explanation of how the needs of the minor with respect to food, shelter, clothing, medical care, and other necessities will be met.

(e) Whether the minor is a party to or the subject of a pending judicial proceeding in this state or any other jurisdiction, or the subject of a judicial order of any description issued in connection with such pending judicial proceeding.

(f) A statement of the reason why the court should remove the disabilities of nonage.

(3) If the petition is filed by the natural or legal guardian, the court must appoint an attorney ad litem for the minor child, and the minor child shall be brought before the court to determine if the interest of the minor will be fully protected by the removal of disabilities of nonage. The attorney ad litem shall represent the child in all related proceedings.

(4) If the petition is filed by the guardian ad litem or next friend, service of process must be perfected on the natural parents.

(5) If both parents are not jointly petitioning the court for the removal of the disabilities of nonage of the minor, service of process must be made upon the nonpetitioning parent. Constructive service of process may be used, provided the petitioning parent makes an actual, diligent search to discover the location of, and provide notice to, the nonpetitioning parent.

(6) The court shall consider the petition and receive such evidence as it deems necessary to rule on the petition. If the court determines that removal of the disabilities of nonage is in the minor's best interest, it shall enter an order to that effect. An order removing the disabilities of nonage shall have the effect of giving the minor the status of an adult for purposes of all criminal and civil laws of the state, and shall authorize the minor thereafter to exercise all of the rights and responsibilities of persons who are 18 years of age or older.

(7) The court shall consider the petition and, if satisfied that the removal of the disabilities is in the minor's best interest, shall remove the disabilities of nonage; and shall authorize the minor to perform all acts that the minor could do if he or she were 18 years of age.

(8) The judgment shall be recorded in the county in which the minor resides, and a certified copy shall be received as evidence of the removal of disabilities of nonage for all matters in all courts.

Thus, the emancipation petition would have to be initiated by your parents.