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Can a Minor Be Emancipated if He is Being Physically Abused

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  • 09-22-2014, 08:17 AM
    Sammy2366
    Can a Minor Be Emancipated if He is Being Physically Abused
    My question involves civil rights in the State of: Florida...
    I have a job at which I make about $630 a month and I also have three places that I can stay at. My parents hit me and leave marks and my mother attacked me last night. I got the police involved but they said that it is okay for a child to be hit in Florida as long as the parents don't burn the child or break a bone. I have the highest GPA at my school and I am also in IB. I pay for my own clothes and food. What are the chances of me getting emancipated. Btw I am 17 and my birthday is June 23.
  • 09-22-2014, 08:42 AM
    Dogmatique
    Re: Can I Be Emancipated if I Am Being Physically Abused
    In Florida, your parents would have to file.

    But you don't meet the requirements, either. Generally you need to prove to the court that you can afford full market rent, utilities, healthcare, transportation, food, clothing, incidentals... sorry, but $630 isn't going to come close to covering that.
  • 09-22-2014, 08:43 AM
    LawResearcherMissy
    Re: Can I Be Emancipated if I Am Being Physically Abused
    In the state of Florida, not only must you be making sufficient income to support yourself 100% (including paying market rate rent), your parents need to be the ones to file the petition.

    Additionally, even if they consented to file the petition, it would not be heard until after you turn 18.

    Rather than getting the police involved, you need to call CPS.
  • 09-22-2014, 08:44 AM
    BooRennie
    Re: Can I Be Emancipated if I Am Being Physically Abused
    Children are not emancipated because they are being abused. Children are found alternate placement.

    If you are being abused, you need to talk to the school counselor or another adult mandated by law to report the abuse to CPS/DHR/DHS/DFCS.
  • 09-22-2014, 08:50 AM
    Sammy2366
    Re: Can I Be Emancipated if I Am Being Physically Abused
    Well I make that much because my parents won't let me work more but I asked my boss and he can let me work to the point of me making around $820. I don't want to be at home because I don't feel safe but I also don't want the option of a foster home.

    - - - Updated - - -

    I also won't be paying for rent where I would live. Just my food, phone and clothes. That's all
  • 09-22-2014, 08:51 AM
    LawResearcherMissy
    Re: Can I Be Emancipated if I Am Being Physically Abused
    Quote:

    Quoting Sammy2366
    View Post
    Well I make that much because my parents won't let me work more but I asked my boss and he can let me work to the point of me making around $820. I don't want to be at home because I don't feel safe but I also don't want the option of a foster home.

    $820 won't support you 100% either.

    And what you want is irrelevant. As has already been explained a couple times now, you must not only have income sufficient to support yourself 100%, your parents need to be the ones to file the petition. And it wouldn't be heard any time soon.

    If you're being abused, you contact CPS. Emancipation is not an option.
  • 09-22-2014, 08:55 AM
    flyingron
    Re: Can I Be Emancipated if I Am Being Physically Abused
    What you WANT is largely immaterial. $820 isn't going to cut it and as stated, if you have parents, they have to make the petition.

    Despite what you think you know about emancipation from the legends you learned in eighth grade social studies, emancipation is not a procedure for escaping parental enslavement. It is a recognition of an already independent minor that needs relief from certain things denied him: specifically the right to enter into contracts for the necessities of life.

    As stated, we don't emancipate the abused. Abuse is NEVER a consideration. We find alternative custody (foster, relatives, ...) The Florida hotline is 1-800-962-2873. You're deluded about how the process works. Please talk to a counsellor at school or call the above number.
  • 09-22-2014, 08:59 AM
    Sammy2366
    Re: Can I Be Emancipated if I Am Being Physically Abused
    Well I make that much because my parents won't let me work more but I asked my boss and he can let me work to the point of me making around $820. I don't want to be at home because I don't feel safe but I also don't want the option of a foster home.

    - - - Updated - - -

    I also won't be paying for rent where I would live. Just my food, phone and clothes. That's all

    - - - Updated - - -

    Oh okay thank you. Sorry to bother you again but would I be able to go to someone who is not a relative? Like a friend or boyfriend?
  • 09-22-2014, 09:02 AM
    BooRennie
    Re: Can I Be Emancipated if I Am Being Physically Abused
    Short answer: No.
  • 09-22-2014, 09:08 AM
    Dogmatique
    Re: Can I Be Emancipated if I Am Being Physically Abused
    Quote:

    Quoting Sammy2366
    View Post
    Well I make that much because my parents won't let me work more but I asked my boss and he can let me work to the point of me making around $820. I don't want to be at home because I don't feel safe but I also don't want the option of a foster home.

    - - - Updated - - -

    I also won't be paying for rent where I would live. Just my food, phone and clothes. That's all

    - - - Updated - - -

    Oh okay thank you. Sorry to bother you again but would I be able to go to someone who is not a relative? Like a friend or boyfriend?



    Hon, emancipation is not intended to be an escape from abusive parents. The court is not going to emancipate you to live with your boyfriend and $820 is still not enough to convince the court you can support yourself.
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