I have Been thinking about this for a year. I have just turned 16 last month and am hoping to get emancipated but in Florida it states that you have to have your parents give you up when I KNOW they will not do this. I am about to get a job and have somewhere that I could live get food, clothing, shelter, and healthcare. I would still attend the same school and i make good grades is there any way I could get emancipated without my parents consent? I am emotionally abused and have been physically abused I would like to be emancipated. Help me please?
Florida Emancipation
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03-23-2009, 12:34 PMAmandaryso567Florida Emancipation
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03-23-2009, 12:38 PMaardvarcRe: Do I Have a Case for Emancipation
There is NO possibility of emancipation in Florida without parental consent, and no way around that requirement. And even WITH consent, "having somewhere" isn't enough. It needs to be a "somewhere" where you and YOU ALONE are responsible for ALL of the expenses and provide 100% for yourself.
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03-23-2009, 12:41 PMLawResearcherMissyRe: Florida Emancipation
If you KNOW your parents will neither consent nor sign for you to be emancipated, what makes you think WE can do anything for you? The law says NO.
Dahlia Lithwick once said that NO was the universal signifier of non-consent in 100% of the English speaking world, 100% of the time.
Words mean things. NO means non-consent. It means it's not happening.
If you're being abused, call CPS. The national hotline is 1-800-4-A-CHILD. -
03-23-2009, 12:54 PMAmandaryso567Re: Florida Emancipation
I have been abused before is there anyway to get out of my house before I'm 18 based on my evidance? I didn't think I could get emancipation because my parents would go physco on me. I'm in an environment where I don't feel loved or wanted. I want to feel like I am wanted. They give me food, shelter, clothing, and healthcare. But they are always makng me feel guilty. They tell me that I'm a bad kid. And make me feel like I am not good enough for them. My mom playfully hits me but sometimes it really does hurt, she has thrown shoes at me and beat me with a belt buckle and left marks for two weeks is there any possible way to get out of this and live somewhere else my friends mom Is trying to help me. Can I get out without a court hearing and stuff?
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03-23-2009, 12:55 PMLawResearcherMissyRe: Florida Emancipation
What part of NO is escaping your understanding?
Call CPS. -
03-23-2009, 12:58 PMAmandaryso567Re: Florida Emancipation
The part where you said NO! I'm in depression because of this and have almost killed myself. I cut my self and popped pills. I quit that but I have been thinking about it again
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03-23-2009, 01:01 PMLawResearcherMissyRe: Florida Emancipation
It's not going to change the answer.
Call CPS. -
03-23-2009, 01:02 PMAmandaryso567Re: Florida Emancipation
Ok I'm sorry for being so stubborn but if I call this place could they get me out of my house? Without a court hearing?
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03-23-2009, 01:05 PMFlyinHawk®Re: Florida EmancipationEven if you had a case for emancipation, which you still don't, that post is what would have just killed it. You're not going to get what you're seeking by going out and being on your own. It's not a friendly world out there you will most likely end up more depressed and more feeling like you're alone than you do now. Emancipation is not what you need, what you need is to talk to someone you have confidence in a pastor, a teacher, contact the local YWCA near you and talk to them if you do not want to take the route of contacting CPS.Quote:
Quoting Amandaryso567
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03-23-2009, 01:06 PMLawResearcherMissyRe: Florida Emancipation
If you're really being abused and not simply being melodramatic, and you're in immediate danger, you may be removed.
And placed into foster care. And there WILL be court and there WILL be heartache and you WILL NOT be emancipated - as a ward of the state, you would not be eligible.
One more time: If you're being abused, CALL CPS. That's your option. There are none other. -
03-23-2009, 01:15 PMAmandaryso567Re: Florida Emancipation
1. I'm not being melodramatic why would I lie about this? Anyways I think I will just put up with it for another two years I've dealt with it this long. But if it gets any worse I will call but thank you for the help
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03-23-2009, 01:32 PMcbgRe: Florida EmancipationPlease listen to our man Hawk, who knows of what he speaks. I strongly recommend that you read his blog.Quote:
Quoting FlyinHawk®
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03-23-2009, 01:56 PMdivemedicRe: Florida Emancipation
I think this is melodrama.
"If you don't emancipate me, I will kill myself, so there. I am TOO grown up enough to be emancipated, I will show YOU."
Thus proving that the child in question is NOT grown up enough to be emancipated.
BTW- here is the Florida statute:
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.
<snip>
(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.