Emancipation for an Early Graduate in Florida

My question involves juvenile law in the State of: Florida

I'm 16 and will be graduating in December 2014 per my completion of Florida public high school, from there, the schools I wish to attend do not have spring enrollment and I'll be taking the Spring and Summer semesters off to save money for my upcoming expenses, going to college in the Fall of 2015, I will be 17 a few days before the Fall semester begins. Anyways, I graduated a year ahead of my class with a 3.8 GPA, and a 5.2 HPA (honors/AP point avg) as well as an 1798 SAT score, I have yet to take ACT. Through my educational accomplishments, I was granted early graduation status, however, this means that I'll be going to college long before I turn 18, which presents some unique problems most students don't have. Yes, I understand that many students do go to college at 17, but most turn 18 at least before the end of the first semester of freshman year, with me, though, this is not the case.
As this school year and my graduation will inevitably come quicker than I'll ever imagine, my mother has agreed to let me move out to pursue my college years even though I'm not 18, which is definitely a good thing. Although this was a breakthrough in our family, I also see that the top college of my choice does not let people under 18 sign for a dorm (my dorm was prepaid through FL Pre-Paid per my father's will when he died) because people under 18 are not considered "legally allowed to sign a binding contract until the age of majority (18 in FL). Meaning I would have to get an apartment near the college, which, of course, I also cannot sign for because I'm not 18. Pretty much, I can't even buy my own bottle of Mucinex without my parents approval because it's extremely regulated by FL law. Along with these challenges, if I were to go to college 6 hours away from my hometown, my mom can't drive up to buy me some flu medication or have me pick up my own prescriptions for my blood issues, even though they were prescribed to me by the GP. Even though this seems minor, if I were to get hurt on accident or get into a situation in which, because I was not 18, I couldn't consent to medical treatment or services, if I get sick, hurt, have trouble with financial aid or other college costs, etc. I can't do anything about it because I'm not 18, and with my mother 6 hours away, she can't do much either, making me SOL.
If it's any help, I'll be going to state college, at FSU or UCF, so off-campus housing is cheap and student oriented.
Because of these conditions, I'm begining to look into emancipation. I understand all the special conditions that come with this, like paying for my own everything, providing for myself independent from my parents, and all the rest. I have a good job tutoring young children that brings be $3,600 a month, and I'm saving most of it for college expenses. Once I move away, I can easily get a job working in an area school, as my high school certification program was in Early Childhood Education, which will earn me my ECPC (the FL DCF certificate to teach children 8 and under) by November, so I would have a source of income to support myself. Would it be possible for someone with my significant problems to petition, with my mother's help, for emancipation and have it be granted? I'm trying to make moving out as seamless for both my mother and myself, but I'm worried that if something happens to me while I'm away, I won't be able to make sure I'm healthy, as I have hematological issues as well as other medical problems that usually need to be signed off by my mom because I'm not 18 yet.
So a summary of my questions:
1. Is emancipation possible under the circumstances and both the cooperation of my mother and myself, as I can financially support myself while in college?
2. If so, does my FL Pre-Paid stand in the way of that because I'm not "technically" paying for college myself even though it was in my deceased fathers' will?
3. Do you have any suggestions as to what to do if emancipation is not possible and if something comes up while in 6 hours away from my parent and she cannot consent for me?

P.S. Community College is not an option for me, as the schools even 1 hour away from me are not adequate to my scholastic necessity (they're terrible schools).
Thank you! :)

Your mother does not have to be physically present to consent to medical treatment for you, nor does she have to be physically present in order for you to obtain prescriptions. Landlords in college towns will rent to minors with a parent cosigning. You can also stay in a dorm with a parent cosigning.

Therefore, I can see no reason why you actually NEED emancipation. While you are someone who could possibly qualify for emancipation, its still a complicated and expensive process that you really don't need. Yes, you will have to coordinate some things with your mother for the first year you are in college, but its only for your first year. Why waste a lot of money attempting to do something that you don't actually need?

Hi, I understand what you're saying, but in the MANY times I've been to the doctor's office as well as the local CVS/Walgreens, they've made my mother literally come into the store to consent to but things like NyQuil, not even kidding. It apparently contains pseudoephrine (sp?) which is very regulated as it is considered a narcotic in the ability to make some sort of drug, not too sure which one, but whatever the case, the pharmacy won't give me meds even for the common cold. This is just the beginning, I've had the pharmacy refuse to give me my medically necessary prescriptions because they're blood thinners (also regulated in FL, probably due to drugs or trafficking, etc. once again, not sure, all I know is they're unimaginably regulated). Do you think my mom could get a notarized consent to distribute meds for me to take to the pharmacy?
Also, since my mom will be 6 hours away, it's impossible to get her to come up at my every whim to sign leases for apts, dorm, etc. because she has to work and driving up every 3 months or so is not practical for her, not even calculating gas and things like that, it'd be crazy to ask her to come up. Could I fax or email her a pic, or does it have to be signed in person? Sorry, I've never leased, so I'm not sure how that works, but if she has to be present, is there any other way than having her come up to the school? Skype, anything?

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Quoting fsugirl44

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Hi, I understand what you're saying, but in the MANY times I've been to the doctor's office as well as the local CVS/Walgreens, they've made my mother literally come into the store to consent to but things like NyQuil, not even kidding. It apparently contains pseudoephrine (sp?) which is very regulated as it is considered a narcotic in the ability to make some sort of drug, not too sure which one, but whatever the case, the pharmacy won't give me meds even for the common cold. This is just the beginning, I've had the pharmacy refuse to give me my medically necessary prescriptions because they're blood thinners (also regulated in FL, probably due to drugs or trafficking, etc. once again, not sure, all I know is they're unimaginably regulated). Do you think my mom could get a notarized consent to distribute meds for me to take to the pharmacy?
Also, since my mom will be 6 hours away, it's impossible to get her to come up at my every whim to sign leases for apts, dorm, etc. because she has to work and driving up every 3 months or so is not practical for her, not even calculating gas and things like that, it'd be crazy to ask her to come up. Could I fax or email her a pic, or does it have to be signed in person? Sorry, I've never leased, so I'm not sure how that works, but if she has to be present, is there any other way than having her come up to the school? Skype, anything?

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If there is a valid prescription I don't understood why the pharmacist won't fill it. Nyquil is neither prescription-necessary or otherwise controlled. Pseodoephedrine is also available over the counter - you need no letters, or anything, you simply need to follow the store's instructions.

Is there something missing from situation that might be necessary to understand the situation more?

Policies and the law vary by pharmacy and state. The pharmacies we have locally will not permit anyone under the age of 18 to pick up a prescription, and certain over the counter medication such as Nyquil (prohibited by law).

Florida may or may not have such restrictions as well. So, she might be correct in that the law or the pharmacies in question could prevent her from buying even OTC meds she might need.

That being said, I tend to agree that seeking emancipation may be a lengthy and expensive proposition that may force you to stay home and fight the issue out in court anyway. So, seeking emancipation may, by default, force you to remain home to continue attending court. These matters can take many months to decide even in the best of circumstances.

Now, as a person who has taken care of minor children not his own, I can say that having parents even in another country is not necessarily a burden for medical treatment. Though, without a reliable adult where you live, it'd be difficult for mom to sign over the right to make those decisions to someone.

Start working with a counselor at the school for possible options. There are almost always options as it is doubtful you will be the first minor ever to transfer to that college.

Regarding regarding prescriptions:

http://www.cdc.gov/homeandrecreation...ws/id_req.html

Perhaps there a newer requirements for CA? As written, it's up to the pharmacy itself - ID is not required at all. This does not mean the pharmacist must dispense, of course...just that the there is no law compelling the pharmacist to require ID.

Back to FL though. If CA is "don't legally need ID at all", FL is the uppity elder sibling with its "We require ID...sometimes". I'm curious as to the blood thinner = controlled substance issue. I'd love for an answer to the question of which blood thinner is being discussed.'

I believe there is more to the story than we're being told.

@Cdwjava,
I'm pretty sure that our pharmacies follow the same rules as yours do, not sure where you're from, but the limits are the same, if not more stringent.
If I were to go to FSU, I would have my 1/2 sister within 60 minutes of the college (still a far stretch), same dad, different mom. Not sure if, since she's not my biological sister, he would be able to get legal permission to pick up my prescriptions for me or not, but it's slightly more convenient than 6 hrs. If I went to UCF, I wouldn't have anyone in my family near me or within 100 miles of me. The only other option I would have is to have my boyfriend (who'll be 18 be the time we're in college) get my stuff for me, also not sure if the pharmacies will approve of that since he's not my mom. My mom said that the campuses almost always have a health clinic, but the website for the health clinics for my prospective schools say that in order to treat and dispense meds, like pharmacies the dispense Benadryl, Nyquil, Acetaminophen, and other OTC painkillers and medicines, that you must be 18. It's the most unnecessary rule, but apparently that's how it is, unless you're in serious medical distress, you're on your own. It's just a huge pain in the butt, as by that time, I will have graduated high school and have apparently shown enough competency to gain entrance to state college, you'd think they would believe you know how to take a pill or two.
It's not even the medication thing for emancipation though, it's also about being able to pay bills in my name like electric and water and A/C, but I can't do that because I'm not 18. As far as I understand it, it will happen to go to my mom, and I don't want to put that burden on her. Why would she pay for my utilities? I can't get a cell phone plan, I can't sign a lease, I can't apply for a credit card to manage my money efficiently, and I really don't want to have my mom end up paying for everything while I'm in college; I feel responsible for my own bills and rent, not her. Even if it worked out, it would be hard for her to travel to renew leases for the following summer, my birthday is very late, so by the time I leave for college, a "school year" will be up before I'll be 18, so if I take summer classes, my mother will have to drive all the way back up to my college to renew my lease.
@Dogmatique,
Our pharmacies have apparently had issues with drug trafficking between minors and meth labs and things like that, so our state put limits on the people allowed to pick up any sort of prescriptions, even Mucinex, Claratin-D, and Nyquil/Dayquil, are regulated so that parents or someone over 18 has to be physically present w/ I.D. to purchase. It's like when you go to buy alcohol and the cashier has to verify that you're over 21, if you go to a local pharmacy, they see if you're buying a product that contains the limited drugs and check your age accordingly. It has gotten so bad that they don't even put the pills on the store shelves, they put a card in it's place with a sign that says "Please take this to the pharmacy counter to verify and dispense." Its unfortunate that the druggies have taken over what I rely on during allergy season :( Also, the pharmacy will fill my blood thinners and other meds, they just will not dispense them to me, even if I have the prescription in my hand with my name on it for the same reason they don't allow under-18s to buy OTC flu medications.

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@Dogmatique,
Before you jump to unnecessary conclusions, I've had hematological issues since birth. They have me on blood thinners which are not "controlled substances" but the amount that they give me requires monitoring on both my doctors' part as well as the pharmacy . There's a certain amount they can give me at one time because its a pharmaceutical brand of aspirin. Apparently, my pharmacy does not believe that I'm able to handle my own scripts. Your pharmacy may be different than mine, but my pharmacy has strict rules on minors doing anything with pills.

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Quoting fsugirl44

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@Cdwjava,
I'm pretty sure that our pharmacies follow the same rules as yours do, not sure where you're from, but the limits are the same, if not more stringent.

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There are a combination of laws and policies that tend to compel pharmacies and chain stores to restrict who can purchase many types of substances. Liability pervades business decisions in this realm and even if legal, business know that they can face civil liability or bad press if they were to allow a minor to receive a substance commonly abused by minors (such as cough medicines and the like).

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If I were to go to FSU, I would have my 1/2 sister within 60 minutes of the college (still a far stretch), same dad, different mom.

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There's your answer - have your mom (or whoever has legal custody) sign papers allowing immediate decisions to be made by that person. Your state might require specific forms, mine didn't. I had a signed statement reiterated every few months by the parent(s) of the children we had in our care (one for four years - and he just graduated from high school yesterday!!!!) and these were sufficient for doctors, the school, insurance, and colleges. Your mileage might vary, but there's time for you and mom to look into it.

And being a blood relative is usually not relevant. My wife and i were not related to any of the children we've cared for (and only a few of them were foster children - the long term ones were not in foster care).

Sorry kiddo, got nothing further for you.

You are imposing issues on yourself that are not problems. Either there is more to the story or you are simply not mature enough to understand what the real issues are and as such, not a candidate for emancipation.


the concern about bills being in your mothers name; just because they would be in her name doesn't mean she has to pay them. You can pay all the bill regardless of whose name they are in. Heck, you can pay my bills.

even if emancipated, it isn't likely a cellphone provider is going to sign a contract with you without a co-signer. Same for housing. If emancipated you can enter a binding contract (since actually it isn't that you can't enter into a contract but whether you can be held to the contract due to the disability of age), that doesn't mean other parties will enter a comtract with you. None of them are required to enter into contracts with you and regardless of a piece of paper saying you are emancipated many still won't enter into a contract with you and there is nothing you can do about it.

Medical treatment;

again, you are making it bigger than it really is. Minor's are away from their guardians for myriad reasons and any problem you have can be overcome without your mother having to drive 6 hours.

You our make some odd statements about your sister. While she is related to you due to having only one parent in common I am sure she is both 100% a person and 100% your sister so your concern that she is only 1/2 a person is both untrue and irrelevant.

if she is a 60 minute drive from you she is surely less than 100 miles from you so your statement you have no family within 100 miles is obviously incorrect.

so, the more you argue you need to be emancipated, the more you show how little you have done to find solutions to the issues which show all the more why you should not be emancipated. Mature minds search for solutions and emancipation, even if possible, is not actually a solution to at least some of the issues you see as problems. If you were as worthy of emancipation as you have attempted to show, you would know this already.

im curious: the schools you are considering do not require you to reside on campus? Most schools I have seen require freshman to reside on campus. Even if they don't, what is the purpose of living off campus?