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Would I Be a Good Candidate for Emancipation

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  • 04-26-2012, 05:49 PM
    nicolef123
    Would I Be a Good Candidate for Emancipation
    I live in the state of Florida, I am 15 years old [will be 16 in a few months] and I am interested in getting emancipated. I live with a both verbally and physically abusive mother [I have photos and audio files to prove this]. Just today she threatened to "beat me until I'm dead and bloody" [this is just talk, while she could attack me it's HIGHLY unlikely that she would kill me]. My whole life has not been abusive. When I was younger, I had the best mother ever but as I got older things started to change and it just seems to get worse all the time. It's not even like she's constantly angry -- when she's in a good mood, living with her is fine but she has mood swings way too often for me to handle. This is not the typical teenage/parent arguing, it's much more than that. I am a very good student and I already have half of my credits earned for the next school year. I work and I have enough money to afford a cheap apartment along with paying all of the bills, rent, insurance..etc costs I would need. I also quite a large sum of money tucked away for me which would be a good starting base when I move out. I'm very responsible and mature. There are no other relatives who will take me in. Foster care is the absolute LAST thing in my interests as I already have a lot going for me, I can afford to live alone [I have begun looking at apartments and I have found landlords who will rent to an emancipated minor] and let's face it -- being taken away from all that I've known my whole life is rather damaging on the psyche. If it was that versus staying at home, I'd choose the latter of the two all the way. I also plan on graduating within the next year which could be a less important reason for the request of my emancipation. A minor who studies at an out of state university is bound to run into some problems as far as renting apartments and such goes. Please let me know if I'm a good candidate and how to begin the process step by step. Thank you so much for reading and for any help that you can offer me. I know that I'm young and I know that the majority of emancipation applications are denied, but I really need to get out of my home and I have not found specific requirements of emancipation for the state of Florida, but I believe I meet the general requirements.
  • 04-26-2012, 05:54 PM
    PQN
    Re: Would I Be a Good Candidate for Emancipation Please Respond Asap
    Florida Statutes, Section 743.015 - Disabilities of nonage; removal.
    --------------------------------------------------------------------------------


    (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.
  • 04-26-2012, 06:04 PM
    cbg
    Re: Would I Be a Good Candidate for Emancipation Please Respond Asap
    I believe I meet the general requirements

    No, you do not. You are not 16. You are not living on your own. You do not have the signature of your parent or legal guardian on an emancipation petition. You don't meet ANY of the requirements.

    Emancipation is not and never was intended to be a means to allow a minor to leave home. It was and is intended to be a means to offer protection to those minors who, for reasons outside their control, found themselves living alone.
  • 04-26-2012, 06:10 PM
    nicolef123
    Re: Would I Be a Good Candidate for Emancipation Please Respond Asap
    I realize that I'm not 16 and that I cannot be emancipated until I am. I made this post now so I can prepare a few months in advance. But in that case, if I moved out when I did turn 16 and then applied when I was on my own, would I be eligible?
  • 04-26-2012, 06:16 PM
    LawResearcherMissy
    Re: Would I Be a Good Candidate for Emancipation Please Respond Asap
    Quote:

    But in that case, if I moved out when I did turn 16 and then applied when I was on my own, would I be eligible?
    No, because your parents need to file the petition, not you. AND you cannot move out prior to the age of 18 without your parents' consent, so wouldn't meet the requirement of already being on your own.
  • 04-26-2012, 06:20 PM
    aardvarc
    Re: Would I Be a Good Candidate for Emancipation Please Respond Asap
    No. Not until you can show the court that you have an established track record of legitimately earning enough money to pay the fair market rate for your own rent, utilities, health insurance, transportation, food, medical care and all the necessities of life, while at the same time maintaining above average grades.

    There is NO level of verbal, emotional, or even physical abuse that will "qualify" a minor for emancipation. Emancipation is ALL about showing the court that you NEED it to survive (ie you will be living under a bridge without it), AND that you can show you have the financial ability, emotional stability, time management skills, and grades to convince the court that you won't end up on welfare, AND in Florida, that you have the PERMISSION of your parents to seek emancipation. If even ONE of those elements isn't present, your petition goes nowhere.

    If you are living with abuse, the way the courts deal with that is by you, a teacher, a neighbor, a police officer, or SOMEONE reporting the abuse to child protective services. THEY are the ones with the authority to remove you from an abusive home, either temporarily, or permanently: 1-800-9621-2873.
  • 04-26-2012, 06:22 PM
    nicolef123
    Re: Would I Be a Good Candidate for Emancipation Please Respond Asap
    At this rate, I'm sure my parents could care less where I go, so consent to move out would not be a problem. My dad would file the petition and I'm sure my mother would agree to it. In that case, wouldn't I apply?
  • 04-26-2012, 06:24 PM
    aardvarc
    Re: Would I Be a Good Candidate for Emancipation Please Respond Asap
    What is your current monthly salary? Grades? Have you priced health insurance policies?

    If you've got the ability to convince a judge that you've been earning enough to support yourself, and your parent is willing to apply for you, go for it.
  • 04-26-2012, 06:31 PM
    cbg
    Re: Would I Be a Good Candidate for Emancipation Please Respond Asap
    And by support yourself, that means you will need to show the judge PROOF that you are capable of paying Every. Single. Cent. that goes to your care. That means that you are not living with someone else who pays part or all of your support - it means that you have the means to pay the market rate for rent. Utility bills. Food. Clothing. Insurance. Medical care. Transportation. Staples. School fees and supplies. And that while you are earning enough money to pay 100% of these costs, you are also getting better than average grades and are more than usually mature for your age. You will need to show the judge a budget that shows your income, your expenses, and how the one covers the other. You will need to show rent receipts. Insurance policies. Utility bills. Report cards with nothing but A's. Going in there with, "Well, I'm going to...." will get your petition thrown out so fast you'll land on your knees after leaving a Nicole-shaped hole in the door.
  • 04-26-2012, 06:36 PM
    nicolef123
    Re: Would I Be a Good Candidate for Emancipation Please Respond Asap
    I earn about 4k a month of my own money [I run my own online business which brings in a good amount of money, along with working two part time jobs, so financially, I'm in pretty good standing.] My weighted GPA is around a 4.9. I have not priced health insurance policies yet but I'm sure that it would not be a problem for me.
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