I'm fifteen right now but I'll be sixteen in October. I've been planning on petitioning for emancipation when that time comes around. But there are some problems. I'm pretty sure that my parents won't agree with it but I need it to happen. I can no longer stay in this house. I am verbally and sometimes physically abused, my mother gets drunk every night, I have absolutely no rights, they are trying to force me to get a pelvic exam (even though a minor does not have to submit to one) and it is purely miserable in my house and there are fights too often. But like I said, I'm not sure that they will sign the papers. However, they are threatening to send me to a girls detention center due to the fact that our family is so screwed up. How will that effect petitioning for emancipation? Do I still have to have their consent? And what if they point blank refuse to sign for it? But also, if I were to get emancipated, would it be possible for me to move in with my friend, whos father is willing to take me in? I need some answers please. I'm running out of options..
Specific Questions About Emancipation
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03-10-2007, 09:23 PMJustForLoveSpecific Questions About Emancipation
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03-10-2007, 10:08 PMBaystategirlRe: Specific Questions About EmancipationIf your parents are abusing you call CPS. But I will tell you that in no way would you qualify for Emancipation. You would have to be 100% self sufficient to be emancipated, not living with your gf father.Quote:
Quoting JustForLove
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03-11-2007, 05:47 AMEmpowermomRe: Specific Questions About Emancipation
First, it depends on the state you are in. Generally, you have to be 17 to be emancipated. Second, you'd have to prove to the court there are ample grounds to terminate your parent's rights and there are no other family members or options left for you except emancipation. The ONLY way you can do that is to contact your local social services, make a complaint, they'll do an investigation, and if warranted, they'll help you find another place to live. IF you contact a social worker, that is your first step to showing you are responsible enough to take care of yourself.
Next, if you meet the qualifications, you don't necessarily have to be 100% SELF-sufficient. You have to be going to school. You have to have a job and you have to have a home that is approved by your local social services. That can be a friend or a relative, but they must agree to be responsible for you until you are of age.
That being stated, I would like to ask you a few questions. Are you really being verbally abused, or are you opposing your parent's boundaries and getting mad when they tell you "NO"? Define the "physical abuse" you are encountering. My daughter put her fist through a wall in a fit of rage once and I tried to subdue her. She called that "abuse." Another time, she was in my face yelling and screaming. I pushed her onto the couch and told her to shut up and calm down. She called that abuse. You'll have to be VERY specific with a social worker when you make that kind of accusation and be sure you want what you are asking for.
You say your parents are trying to make you have a pelvic exam. There's only ONE REASON a self-respecting parent would insist on that at your age. That reason is they suspect your are sexually active and want to protect you from STD's and/or pregnancy. The "friend" you want to move in with, male or female? Does that friend have a mother AND a father there? You mentioned only a father. In and of itself, that is an inappropriate situation for you at your age. If you are trying to be with your boyfriend and your parents are saying no, they are correct in doing so.
Please understand I am not discounting what you say. It's just that some times teenage girls think they know better than their parents what is right and wrong for them. If you TRULY BELIEVE you are being abused, call someone TODAY! RIGHT NOW! If you are only trying to defy your parents, you should sit down and find out WHY they are doing what they are doing.
Call your local hotline and ask to speak to a counselor. You can get help for free. The BEST thing you can do right now is call someone and ask for help. -
03-11-2007, 07:55 AMBaystategirlRe: Specific Questions About EmancipationEmpowermom, This is incorrect. To be emancipated a youth has to be living on their own,working, paying rent, paying insurance, food, clothing, going to school and getting good grades, ect...What you have described is a change of custody.Quote:
Next, if you meet the qualifications, you don't necessarily have to be 100% SELF-sufficient. You have to be going to school. You have to have a job and you have to have a home that is approved by your local social services. That can be a friend or a relative, but they must agree to be responsible for you until you are of age.
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03-11-2007, 07:59 AMpanther10758Re: Specific Questions About Emancipation
Quoting Florida Statutes, Section 743.015 - Disabilities of nonage; removal.
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(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.
Thus, the emancipation petition would have to be initiated by your parents. -
03-11-2007, 08:40 AMJustForLoveRe: Specific Questions About Emancipation
Well my friend mentioned is a girl. He parents are divorced and she lives with her father. I've known them since the 3rd grade and I'm in 9th grade now. But I liv in Florida also, so I believe the age in this state is 16.
About the abuse, there was both verbal and physical. They yell and call me a tramp and a slut. They (mostly my mother) tells me to go to hell and damn you and it the list goes on. But with the physical abuse, I have had bruises and welt from where I've been hit both with open-hand, closed-hand and a belt.
And I am not sexually active by the way. They are just assuming things because I DO in fact have a boyfriend.
But with the financial support, I have a bank account currently holding a couple of thousand dollars and I have a mutual fund a stock that's doing pretty well for itself. Will that help? My parents won't let me get a job at all, and for no reason. But if I presented proof that i had enough money to take care of myself until I was emancipated and able to get a job, would that work? -
03-11-2007, 08:54 AMpanther10758Re: Specific Questions About Emancipation
Its not that simple read the statute!
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03-11-2007, 09:13 AMBaystategirlRe: Specific Questions About EmancipationQuote:
Quoting JustForLove
No ...It would not...You have to be able to care for yourself before and after...with NO ONES help!! Frankly, since you are here asking OTHERS to do the research for you, and seemingly unable to understand the statutes when provided for you, that would indicate you would never meet the states criteria for emancipation.
I will add a smile:) so that I do not seem rude...:) -
03-11-2007, 09:19 AMJustForLoveRe: Specific Questions About Emancipation
I can read the statue, thank you very much.
But my newest question is that I have more than enough money put away for me to be able to get an apartment or whatever until I can find a job. Shouldn't that be enough? -
03-11-2007, 09:26 AMHappy TrailsRe: Specific Questions About Emancipation
So you would be able to prove to the court that you would have enough money to take care of yourself for a short while. What then???
The court isn't going to put a lot of faith in, "I will get a job.... I will be able to...." statements.
Your situation, as mentioned, may be a CPS issue.