Do You File for Emancipation From Your Natural or Legal Guardian

My question involves emancipation laws for the State of: Florida

I am a 14 year old female living in Florida and over the past 14 years I have come to realize that being emancipated would probably be in the best interest for all parties involved but there is one problem. When I was younger my mom was "forced" by the courts to give up custody of me, but NOT rights, to my father but of the 9 years he has had custody of me I have only lived with him for 1 1/2 years. But technically he still has custody of me so if my mom was to petition for emancipation of me would it be reviewed? By the way, I am aware that I cant get emancipated until i'm 16. I hope for responses and thanks in advance.

The parent with legal custody - Dad in this case - would have to sign the petition.

So, the question must be asked - how are you going to convince the court that you are fully independent and capable of supporting yourself?

I have already done what needs to be done to guarantee me a job when I turn 16 that will help support me. And I have a godmother that I already stay with alot of the time that said she will rent out her apt to me for cheap so that I can manage. Also I plan to either stay in school or get my GED. Which I know that GED will limit me in a way but my life now is limiting me, so not loosing much. But there is no way my mothers rights override my fathers? Or is there a way she can get custody of me by stating that I have been with her for the 6 years anyway?

A non-custodial parent's signature alone will NOT be sufficient. Nor will living in someone else's apartment for cheap be considered supporting yourself.

For your information, I would be signing a lease. Not just staying there for cheap. And is there a way that she can get custody through the fact that she has had me?

You need to show you are capable of earning enough to pay MARKET rent. Not a reduced rate. Plus utilities, food, health insurance, transportation, clothing...

At 16, how are you going to do that?

And at 16, you're also not legally able to sign a lease...catch 22, isn't it?

Your Mom can absolutely file for custody based upon the fact that you've lived physically with her...however, that would mean she becomes the physical custodial parent. If Dad wants to keep joint legal you'll still need his signature so if he objects, you're out of luck.

Please stop and read the myriad posts in this forum - you'll find a lot of answers, and hopefully start to understand what emancipation is and is not intended for.

It is market she was just gonna raise the price but when I mentioned my wanting to stay there she didn't. Also, my mom can sign for me on the lease. But I did want to mention another option. I could get myself signed over to the state when I am 17 and stay in a home until 18 then age out with the help of the state. If I can go the emancipation route I would much rather that process, though.

...and on what basis do you think you can get yourself "signed over to the state"?

You still haven't explained what sort of job you'll have at 16 which will enable you to convince a court you can do any of this...

My next question is how would my mom go about getting custody of me through me physically residing with her?

She would petition the court, have Dad served, etc., etc.

If your mother wants to petition for modification of custody, she would file an appropriate petition with the court that has jurisdiction over the custody case.

In Florida a petition for emancipation must be filed by your parents or legal guardians. Read the stickied threads.

Can someone reply with the link to the Florida Emancipation Laws, please and thanks.

It's in the sticky at the top of this very forum.

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Quoting LawResearcherMissy

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It's in the sticky at the top of this very forum.

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Ah, Faith has other threads..