Emancipation at 16 with a Baby
My question involves emancipation laws for the State of: Florida
I'm 16 in high school with a 1 month old son I've heard from some people that once you have a baby you are legally emancipated is this true? If not, can you fill me in on how to get emancipated? I am aware that I need my parents consent, I just need to know what else there is to it.
Re: Emancipation at 16 with a Baby
No, that's not true.
You are MEDICALLY emancipated - that means you can make certain medical decisions without needing parental consent.
You will not qualify in Florida to be emancipated; you have shown the court (by having a baby at 16) that you need more - not less - adult supervision.
If you didn't have a child, you would need your parents to file AND you would need to be able to show that you're able to support yourself financially - COMPLETELY. That means having the ability to pay full market rent, utilities, food, clothing, health insurance, transportation, sundries...all while keeping decent grades in school.
Re: Emancipation at 16 with a Baby
Tell those people that they don't know what they are talking about.
In NO state does having a baby grant you legal emancipation.
In order to be emancipated, you will need both parents to sign the emancipation petition. Then you will need to be able to show the court that you are fully capable of paying EVERY SINGLE CENT of what it takes to support both you and your baby - that means market rate (not a token for living in someone else's home) for rent, utilities, food, clothing, child care, transportation, medical care, insurance, baby supplies, and all the other incidentals of life for both of you (Just diapers can be an enormous expense) without any help from anyone. You will need to show the judge that you have a place to live that is not dependent on someone else. You will have to show the judge that you have adequate child care for while you are at school and at work. You will have to show the judge that you will be able to continue going to school and making better than average grades while you are earning the money to pay for all the things that an emancipated minor has to pay for. And then you will have to prove to the judge (who will take a great deal of convincing) that emancipation will be in your best interest. As the post above indicates, the fact that you have a baby at 16 means that the judge is likely to think you need more, not less, emancipation, so your reasons had better be REALLY good. Along the lines of both your parents having been killed in a car crash the week before. Don't even bother with reasons about what a hard time your parents give you - those reasons won't fly. Really. Even if.
Of course, if you can't prove that you can pay for all the above, you'll never get to the part where you provide your reasons, because if you can't pay for all of that, the petition will be denied out of hand. And if your parents will not, both of them, sign the petition in the first place, then you're out of luck and can kiss emancipation goodbye.