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  1. #1
    Join Date
    May 2007
    Posts
    1

    Default Court Proceedings For Florida Emancipation

    I know this has been covered before and I've googled it, but I didn't see any posts that said anything about a court hearing. what are the laws of emancipation issued by a court of law? i've been putting up with a lot of verbal, emotional, and occasionally physical abuse from my mother and stepfather. I was wondering if I could start recording every abusive encounter and use it for factual evidence in a court of law and thereby be emancipated by the judge? I've read on other posts that it would require both of them to initiate the emancipation. I am in touch with my biological father, but he has no custody of me and I wanted to know if he has any say in this. He knows how abusive she can be and they had a fairly physically abusive relationship. Can he be used as factual evidence if nothing else? I have a loving aunt and uncle that will let me live with them and i have a job waiting for me this summer. I am in no way disabled and need no extraoridinary care or supplies. Any help would be greatly appreciated.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: florida emanciation

    Quote Quoting bman863
    View Post
    I know this has been covered before and I've googled it, but I didn't see any posts that said anything about a court hearing. what are the laws of emancipation issued by a court of law? i've been putting up with a lot of verbal, emotional, and occasionally physical abuse from my mother and stepfather. I was wondering if I could start recording every abusive encounter and use it for factual evidence in a court of law and thereby be emancipated by the judge? I've read on other posts that it would require both of them to initiate the emancipation. I am in touch with my biological father, but he has no custody of me and I wanted to know if he has any say in this. He knows how abusive she can be and they had a fairly physically abusive relationship. Can he be used as factual evidence if nothing else? I have a loving aunt and uncle that will let me live with them and i have a job waiting for me this summer. I am in no way disabled and need no extraoridinary care or supplies. Any help would be greatly appreciated.
    In Florida both parents have to be the ones to actually file the petition for emancipation. Are your parents willing to do that?

  3. #3
    panther10758 Guest

    Default Re: florida emanciation

    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.

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

    Both parents must file petition. If there is abus ein your home then CPS should be contacted

  4. #4
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: florida emanciation

    Quote Quoting panther10758
    View Post
    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.

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

    Both parents must file petition. If there is abus ein your home then CPS should be contacted
    QUOTE: bman863- I am in no way disabled and need no extraoridinary care or supplies. Any help would be greatly appreciated.

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