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i dont know if i can get emancipated

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  • 10-05-2005, 07:54 PM
    heartbroken14
    i dont know if i can get emancipated
    im 14 years old and turning 15 in May 2006. I currently live with my parents 2 brothers, 1 sister, her baby and husband. For the past couple of months my parents have put me through emotional hell. My mother has been ruining the relationships that myself and other family members have with relatives. My father has disowned me because of my mother. She is always bickering about how I do nothing to help her out but when really I am the one doing most of the things around the house. I do her laundry sometimes, I clean the kitchen most of the time and she expects me to do everything. She always complains how she works so hard at work and that when she comes home she shouldn't have to clean HER house. And it's not like they talk to anyone they come home..ignore everyone exept my sister's baby and then after that all they do is play poker on the computer. Now every tuesday nights they go and play poker and leave my sister who has a kid to watch my little brother who is 5 years old. They always blame me for everything, even things I don't have to do with. I can't take it anymore, i cry almost every night because of the pain they put me through. The only reason I'm writing this is because I am trying to figure out if there is any possible way that i can emancipate myself from them. I dont know the law or rules of emancipating but everyone tells me its hard. What do I have to do to emancipate myself? Is there anyway I can change who my guardians are? Or is there a possibily that I can move out without my parents saying yes or no? Please help, i am in desperate need of it!
  • 10-05-2005, 10:18 PM
    aaron
    Florida Emancipation Law
    Pursuant to Florida emancipation law:
    Quote:

    Quoting Florida Statutes, Section 743.015 - Disabilities of nonage; removal.
    (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.

    So your parents would have to initiate the emancipation and, if necessary, agree to supplement your income to the point that you are self-sufficient as part of the petition.
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