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  1. #1
    Join Date
    Dec 2010
    Posts
    2

    Default Verbally Abused 17 Year Old

    My question involves emancipation laws for the State of: Florida.
    So here is the deal. My girlfriend who is 17 is being verbally abused by her step mom. She lives with her real dad, but he has nothing to help her. When the step mom says she is a "Pile of shit" or "does absolutely nothing around the house" her dad has nothing to say. Occasionally he will help if she happens to catch him alone. If the step mom is there however, he will side with her. This has been going on for a long time now, the step mom takes medication to keep her stable (mental illness? Im not 100% on that, but I know she does take some medication to keep her from going a-wall.), and she turns 18 in August. I'm just wondering what are her chances to get out of the house? The step mom keeps saying for her to move out, but when my girlfriend brings up emancipation they laugh at her. I just tell her to record the abuse and then take her to court? I am by no means a legal head, or know anything about it, but I thought that may help. Thank you guys for any help you can offer on this issue. Also, sorry if this seems like a cliche post.

    Edit: She has a job at a joint and hip replacement specialist at a hospital. If that helps any. Browsing around it seems her chances are nil.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Verbally Abused 17 Year Old

    The answer is very easy, but it's not the one you want.

    There is only one way, and one way only, for a teen under the age of 18 to emancipate in Florida, and that is if HER PARENTS sign the petition. It will not happen any other way. If the parents do not agree, then emancipation is off the table.

    If the parents do agree and willingly sign the petition (and this means both her father and her bio-mother), then the next step is for your girlfriend to show how she, and she alone, with no assistance from anyone else, can pay 100% of the market rate for rent, utilities, food, clothing, medical care, insurance, transportation, staples, school fees and supplies, and all the other incidentals of life, while still going to school and getting better than average grades. Moving in with you and/or your family (I know, you didn't mention this, but I've read too many of these not to know that's in your head) is NOT an option.

    Finally, she will need to show the judge a valid reason why emancipation is in her best interest. The level of "abuse" you have described is not even close to enough to prove that point. Her step mother taking medication (EVEN IF for a mental illness) is also not even close to a valid reason why emancipation is in her best interest.

    But, as indicated, the second two points will not even come up unless her parents (both of them) are willing to sign her emancipation petition.

  3. #3
    Join Date
    Dec 2010
    Posts
    2

    Default Re: Verbally Abused 17 Year Old

    Quote Quoting cbg
    View Post
    The answer is very easy, but it's not the one you want.

    There is only one way, and one way only, for a teen under the age of 18 to emancipate in Florida, and that is if HER PARENTS sign the petition. It will not happen any other way. If the parents do not agree, then emancipation is off the table.

    If the parents do agree and willingly sign the petition (and this means both her father and her bio-mother), then the next step is for your girlfriend to show how she, and she alone, with no assistance from anyone else, can pay 100% of the market rate for rent, utilities, food, clothing, medical care, insurance, transportation, staples, school fees and supplies, and all the other incidentals of life, while still going to school and getting better than average grades. Moving in with you and/or your family (I know, you didn't mention this, but I've read too many of these not to know that's in your head) is NOT an option.

    Finally, she will need to show the judge a valid reason why emancipation is in her best interest. The level of "abuse" you have described is not even close to enough to prove that point. Her step mother taking medication (EVEN IF for a mental illness) is also not even close to a valid reason why emancipation is in her best interest.

    But, as indicated, the second two points will not even come up unless her parents (both of them) are willing to sign her emancipation petition.
    Thank you for the quick reply, I should have browsed a little more. I did end up finding out that its flat out no. So my last question is, when she turns 18, can she move out with out any legal ramifications?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Verbally Abused 17 Year Old

    Yes, once she is 18, she is a legal adult and can go wherever she likes. The flip side is that once she moves out, her family has no legal obligation to provide one dime towards her support. So if that is her plan, she'd better go to work now figuring out how she's going to support herself at that time.

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