What's Florida's Emancipation Law

What Florida Emancipation Law Because My Girl And I Are Trying To Get Emancipated.My Girl Is Pregnate And Our Parent Is Trying Everything To Keep Us Apart.I'm Trying To Be A Good Father To My Daugther And Our Parent Won't Let Me But The Only Thing Is I'm Only 16 And My Girl Is Too

Florida's emancipation law provides:

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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.

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Thus, the emancipation petition would have to be initiated by your parents.

Would We Be Able To File Emancipation Without Our Parent Permission?

Read the statute. Not in Florida.

ok well my father at times has been extremely abusive. i am trying 2 get emancipated, but i kno that my parents will not sign the release form. is the another way in which i can get emancipated? also, what are the laws for getting emancipated in florida. i have somebody that i will be able to live with. i am sure that there is a job i can get. i just need to kno wut steps i am supposed to take.

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Quoting aaron

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Read the statute. Not in Florida.

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Hi my sister is fifteen years old she lives with my father and stepmom. The home is not fit. She is very unhappy, and is mentally, verbally, emotionally abused. There has been pushing and shoving as well. I myself got married and got emancipated i am only 17. I was wondering is there anyway she could get emancipated and she can show that i can take care of her?? or wither me or my husband could be her gaurdian or what not? Without the consent of my father? because she is in a horrible environment and needs out asap

my husband is in the military so we have the funds to take care of her and if we made her a dependant she would have full medical coverage..anything she needs....could this work?

In Florida? Her parents would have to initiate the emancipation petition.

A guardianship action would likely be difficult. The law doesn't make it easy for third parties to separate children from their parents. If you are interested in exploring that possibility you should consider consulting a lawyer who handles guardianship actions.

my mom is willing to do what ever it takes to get me to be emancipated. i was reading the thing, do we wright all that up and take it to the court house? thank u for your time:)

You're better off starting your own thread.

But, In Florida your parents have to file the petition.

Im trying to get emanciapated. My guardian is my cousin and she was awarded guardianship through DCS. Im about to be 17 and have a kid. And things are not working out. My mom was shot and now disabled. Since my cousin got guardianship from orginally my grandmother, can my grandmother petition? Or would it be better do go through DCS?