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What Does it Take to Get Emancipated

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  • 09-25-2014, 09:29 AM
    ladyofthemaiden
    What Does it Take to Get Emancipated
    My question involves juvenile law in the State of: Florida. I turned 16 in June and would like to know if i would be granted emancipation. I have great grades in school and am currently taking campus and online courses. I am a Junior. I am self supporting. I pay for my own class fees, my own food, and whatever else i feel i really need. My dad recently took $300 from me because he believes i stole something of his. When i try to defend myself he yells at me to shut the **** up. He started taking random things from me such as a good percentage of my clothes and said he will start selling my things until he gets what's his. Problem is, i don't have it. When i was 15 years old he shoved me into the back of a couch and caused long term damage to my ribs on my right side. He and my mother are always threatening me with things such as, " I'm going to knock your teeth in.", " I'm going to knock you out." and most recently " you don't even want to know what i'm going to do to you." My father has called me a whore, a skank, a slut, and a bitch. My mom says my stupidity amazes her even though i make amazing grades. The money my dad took was my savings money for my first place to stay. A friend of mine was concerned for me due to my past depression problems and reported to DCF telling the social worker what my parents do to me. In April of this year my father belted me to the point of me having whips and bruises plus a bruise on my arm where he was pulling on me to get me off the floor to continue hitting me. The social worker said she couldn't do anything. After finding out i wanted an emancipation my parents said they were going to either send me to a foster home or a children's home. He tells me a lot that he can't wait for me to get out when I'm 18. If i show I'm upset about something I'm told to fix my face because nobody should have to deal with my problems. If i mess up anything even in the slightest way my father yells and says i'm going to be a failure. My family has shown agression towards me too. My uncle said he was going to drag me off the couch and beat my ass. My parents always act like their the victims and I do them wrong in every way. They still bring up the fact that i slept with my boyfriend months ago and act like it's still happening. They turn everything into that and nothing i do is ever good enough for them. I have a place set up to stay where i will be paying rent, my grades are great. All A's only 2 B's. I have my budget planned out already and i have 2 jobs in line that were already offered to me but my parents wouldn't allow me to work. They keep telling me the court won't help me but i'd like anothers opinion. They buy a lot for me but most of the stuff they buy i don't ask for. Then they say I'm ungrateful because i have everything but i want to leave. The only thing they do now is but me things. They're not there for me when they need to be emotionally. I believe it is on my best interest to be on my own. Will the court allow this?
  • 09-25-2014, 09:34 AM
    Dogmatique
    Re: Will It Be Allowed
    In FL, you have virtually no chance because a) your parents would have to file and b) you are unable to prove that you can manage your finances adequately.
  • 09-25-2014, 09:49 AM
    BooRennie
    Re: Will It Be Allowed
    Abused children are not emancipated, they are placed in alternate settings (foster care).
  • 09-25-2014, 10:07 AM
    cbg
    Re: Will It Be Allowed
    You are not self supporting. You are not paying rent and utilities and medical insurance and you're not working. Emancipation is not granted on the basis of what you're going to do in future if the judge signs your petition; it's granted on what you've already done and are doing currently.

    In no state is abuse a valid reason for emancipation.

    In Florida, unless your parents sign the petition for your emancipation, it cannot and will not happen. Even if they do, it's not guaranteed, but if they won't, it's simply not going to happen.
  • 09-26-2014, 09:06 AM
    ladyofthemaiden
    Re: Will It Be Allowed
    I have documents stating what i pay for. Which is a majority of what i have. I don't pay rent now but the second i would be out, i have a place lined up. My mother said she would petition because she is tired of me trying to leave.
  • 09-26-2014, 09:15 AM
    Dogmatique
    Re: Will It Be Allowed
    You're missing the point, I think.

    You must already have a history of being fully self-supporting. Full market rent, utilities, transportation, insurance, clothing, food...

    You have to understand that the court is going to be looking for a reason to deny the petition. Any reason. You're only a few months past 16. How much are you going to be earning (while keep high grades)?
  • 09-26-2014, 09:50 AM
    cbg
    Re: Will It Be Allowed
    If you're convinced that you qualify and your mother is willing to sign, then by all means have her do so. The judge will tell you whether you qualify or not. He likely won't be as polite about it as we've been; you might get a thorough tongue-lashing for wasting his time; and he'll spell out for you all the reasons why you aren't getting emancipated.

    But if you'd rather hear it from the judge than us, by all means. Full speed ahead.
  • 09-26-2014, 11:36 AM
    adjusterjack
    Re: What Does it Take to Get Emancipated
    When your father assaults you, call the police when it happens so they can make an official report about the injuries to DCF.

    A couple of those reports may get you out of the house and into foster care. Might also get your father put in jail.

    But it isn't likely to get you emancipated.
  • 09-26-2014, 12:28 PM
    cbg
    Re: What Does it Take to Get Emancipated
    See, this is the part I don't get about these "abused" teenagers.

    They want out of the house if it means they can live with their significant other, or the SO's family, or off on their own somewhere.

    But if it means living in foster care or a group home or with another relative, they'd just as soon stay where they are.

    It's only bad enough to leave, if they get to leave on their own terms.

    That says something to me about how bad the "abuse" actually is. And I'll bet we'll be hearing from Missy on that point too, and for good reason.
  • 09-26-2014, 01:51 PM
    Disagreeable
    Re: What Does it Take to Get Emancipated
    I said something similar and it was deleted as not relevant. My "so abused" teenager is now in college, 21 and still on my dime. Us abusive parents are so tough.

    Quote:

    Quoting cbg
    View Post
    See, this is the part I don't get about these "abused" teenagers.

    They want out of the house if it means they can live with their significant other, or the SO's family, or off on their own somewhere.

    But if it means living in foster care or a group home or with another relative, they'd just as soon stay where they are.

    It's only bad enough to leave, if they get to leave on their own terms.

    That says something to me about how bad the "abuse" actually is. And I'll bet we'll be hearing from Missy on that point too, and for good reason.

  • 09-26-2014, 02:00 PM
    LawResearcherMissy
    Re: What Does it Take to Get Emancipated
    Quote:

    That says something to me about how bad the "abuse" actually is. And I'll bet we'll be hearing from Missy on that point too, and for good reason.
    Yep.

    Sorry, ladyofthemaiden, I am not buying the "abuse" angle. Mind, I believe that your father has lashed out and assaulted you. But I don't believe that the case worker told you there was nothing she could do. There IS something they can do, and that is have you removed from the custody of your parents if an investigation shows ONGOING abuse. That you are still in their custody tells me that you are either exaggerating the extent of your "abuse" to try to weasel what you want to hear out of us (even though it would be inaccurate), or that you never met with a social worker at all.

    See, the thing about DCF? They're REQUIRED BY LAW to investigate allegations of abuse. And when actual abuse is found, they are similarly required to get the children to safety. They don't just shrug and say "Nothing I can do for you."

    The first time I was removed from my home, I had been beaten so badly that I couldn't sit down and was covered from neck to ankles in bruises. When my teacher took me to the principal's office to call the police, I thought I was the one in trouble! This was AFTER my parents were sent to court-ordered parenting classes. Of course, there was a reunification plan. The LAST time I was removed from the custody of my parents, it was because they tried to kill me. I landed in the hospital, comatose, with a subdural hematoma that required surgery to drain. My grandparents got an emergency guardianship order, but it took more than a year for them to gain permanent guardianship.

    If your father assaults you, call the police. And make sure to give copies of the police reports to DCF. But understand that you will NOT be emancipated. If DCF finds that you are endangered, you will be placed in foster care until you age out at 18.
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