How to Get Emancipated from Your Legal Custodians

My question involves juvenile law in the State of: Florida
Okay a little background story, So I live with my legal custodians we are very controlling in everything I do, even who I talk to. My dad has disagreed many times with their parenting style. Now we argue to the point where they want to kick me out of their house and out of the US. But they have no right to kick me out of the US. But my question is can I stay in the states (not in their house) and file through emancipation because they are sending me back to my home country and not allowing me to come back into the state even though I'm a Permanent Legal Resident in the U? I have all the requirements met and now I'm just waiting for the lawyer to get back to me.

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Quoting jasonhsia00

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My question involves juvenile law in the State of: Florida
Okay a little background story, So I live with my legal custodians we are very controlling in everything I do, even who I talk to. My dad has disagreed many times with their parenting style. Now we argue to the point where they want to kick me out of their house and out of the US. But they have no right to kick me out of the US. But my question is can I stay in the states (not in their house) and file through emancipation because they are sending me back to my home country and not allowing me to come back into the state even though I'm a Permanent Legal Resident in the U? I have all the requirements met and now I'm just waiting for the lawyer to get back to me.

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Ok, lets get some details established. How old are you exactly and why are you not in the custody of your parents? Also, what is your guardian's reasons for trying to send you out of the US?

In Florida, the only way a minor can be emancipated (and I do mean the ONLY way - do not come back with a lot of but-what-if's - it won't change the answer one iota) is if the minor's parents or legal guardians file the petition. It is not a guarantee if they will, but it is damned sure not going to happen if they won't.

No matter how many but-what-if's you come up with. Parents/legal guardians don't file = no emancipation for you.

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Quoting cbg

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In Florida, the only way a minor can be emancipated (and I do mean the ONLY way - do not come back with a lot of but-what-if's - it won't change the answer one iota) is if the minor's parents or legal guardians file the petition. It is not a guarantee if they will, but it is damned sure not going to happen if they won't.

No matter how many but-what-if's you come up with. Parents/legal guardians don't file = no emancipation for you.

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True, but he might not need emancipation to stop being removed from the country. Hence the questions I asked. I hope that he still comes back to answer them.

Not saying otherwise. But he needs to know what is and is not possible. You know as well as I do how many of these kids here only want out of the house if it's on their terms, and unless he's here on a visa (in which case whether he does or does not remain in the US may not be within his control) he can't be forced to leave the US on his own and in fact may well not be allowed to. So there's at least a reasonable chance that the entire question of his leaving the US is moot. Don't you recognize teenage drama when you see it? You should.

I'm 17, and I don't live with my parents because they live in Taiwan. They can't come here because they are not citizens of the US, but I'm a Permanent resident in the US. My dad is a Permanent resident but he has been out of the State for more than a year and because of that the immigration office won't allow him to com back.

Um, I'm sorry, but I'm pretty sure this isn't just about teenage drama cbg. I've been living with my cousins for four years, no phone, no tv, monitored 24/7, and not allowed to go out when it's reasonable because they are controlling and scared that I'm going to do bad things, and all I'm looking for is freedom and a different parenting style. This is their first time taking care of a teenager so I understand it's still new, but after I talked with them and my dad talked with them, even some friends talked with them about this and they still decide their way is better. I'm being kicked out of their house and according to them they want to kick me out of the state too because I want to move out and they don't want to take responsibility of me while I don't live in their house. I understand that I don't follow rules perfectly, especially strict rules. But compared to other teenagers around my age, I'm doing the exact same thing as they are. And also they are extremist Christian so they base their actions off the bible.

Well, relax, because they don't have the power to kick you out of the US. All the rest can be dealt with.

How long until you turn 18?

I turn 18 in May.

I'm not trying to give you a hard time, really I"m not, Jason. But if the paperwork to emancipate you was signed today, you'd already be 18 by the time it got on a judges docket.

What does your dad say?

My dad supports my plan because he can't take my legal custodians anymore, both of us have been very frustrated with them and their way of life. I know I might already be 18 by the time the process finishes. But the problem now is they want to kick me out and end their custodianship and they claim that because they want to kick me out, they say that I can't live with someone else or in the US. So I was wondering can being in the process keep me until I turn 18?

I'm a junior this year and I don't plan on leaving but if I have to I at least want to a least finish this year or at least finish high school before leaving.

Is their custody of you court ordered? Or is it something your dad authorized on his own?

Where's your mom?

My parents are divorced and my dad has been taking care of me until I came here 4 years ago. I'm not sure, My dad told me he had to come to sign papers and one time we had to go into court. What's the different between the two?

If it's court ordered, they can't kick you out without the court's approval.

And if it's just an agreement your dad made with them, your dad can take you out of there and put you somewhere else.

So either way, you have some form of protection.

Okay so can I live with someone else temporary while the process of emancipation starts or we switch guardianship to someone else. Oh also, they told me if I come back to the state and live with someone else, they say they would sue them for taking me in, I'm pretty sure they can't do that because they did nothing wrong, is there some from of protection for the family if my custodians do try to sue them? I mean, my dad and I both agreed to it.

Have we ever established whether or not their custodianship is court ordered?

I think it is curt ordered because 4 years ago, I remember we had to go into court and the people asked them questions and then they asked me whether this was true and whether I wanted them to be my custodians, at that time, I didn't know much so I just answered yes.

If it's court ordered, they have a certain amount of power to say where you can and can't go. However, if it's court ordered, they cannot just unilaterally toss you out into the street either. It's hard to say exactly what they can do and can't without knowing exactly what the relationship is, but one thing they cannot do is kick you out of either the state or the States.

I am assuming that your Dad has maintained rights over you and that they are your custodial guardians only for the purpose of providing you with a home in the US?

Yes that's correct. They became my custodians in the first place was for me to continue to live in the state to keep my permanent resident card and ultimately naturalize and become a citizen here in the US. What about switching custodian guardianship to another family member (through marriage)? But the only thing about that is that the family member doesn't live in Florida, she lives in California.

And in doing that does she have to live in the state of Florida?