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  1. #1
    Join Date
    Jul 2011
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    6

    Angry Parents Won't Initiate Change of Custody - Can I Get Emancipated

    My question involves emancipation laws for the State of: Florida
    Here is just some back-story. My parents are divorced. I live with my mom in Florida and my dad lives with his girlfriend in New York. Because of that, when I was 12, my mom sent me to live with my dad for a few months to make up lost visitation. While I was there my dad and I filed for custody. My mom was informed during the summer and, when I returned to Florida for a week to visit, she canceled my flight back to New York and I haven't seen my dad in the approximatly three years since then. I am now 16 and am sick and tired of my mom's manipulative ways and verbal abuse (i.e. "Get fat and die! I don't care!). However, I feel cornered because in Florida I need parental consent to file for emancipation. But, could my dad file the petition instead of my mom? Or do I need to have the parent with custody of me file it?

  2. #2
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
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    497

    Default Re: A Custody Battle is Out of the Question at This Point, Emancipation is My Last Ho

    You do not meet the requirements for emancipation. If your father is not willing to pursue custody of you, then you'll have to stay with your mom. If you feel that you are being abused, then your only other option is to contact the authorities. However, know that what you have posted here would not meet their standards for abuse.

  3. #3
    Join Date
    Jul 2011
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    6

    Default Re: A Custody Battle is Out of the Question at This Point, Emancipation is My Last Ho

    How about back-handing me with huge diamond rings on her fingers for no reason? How about spitting at me? Or are you just going to tell me to toughen up? I apologize if I sound rude but the only requirement I'm missing is her consent to file the petition for me. And as for the authorities, who do you think they're goin to believe, a teenager? Or a manipulative business woman with no criminal record and seemingly no reason to lie?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: A Custody Battle is Out of the Question at This Point, Emancipation is My Last Ho

    If you're being abused, call CPS. If she has smacked you across the face wearing such huge rings, there would likely be physical evidence.

    You do NOT qualify for emancipation - you NEED her consent.

    But consent isn't the only issue.

    Do you meet the other requirements? Who is going to support you?

  5. #5
    Join Date
    Jul 2011
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    6

    Default Re: A Custody Battle is Out of the Question at This Point, Emancipation is My Last Ho

    I have a job and transportation and even if I couldn't find a place of my own I have friends that I would be able to stay with. But, as I play this out in my head, I know it will never work because...as you mentioned...I need her consent and I don't have it. The only reason my dad is reluctant to fight for my custody is because we dont know how to go about it and my mom tends to blow things WAAAY out of proportion. So even if we did make it to court, she would lie and lie and lie like it's going out of style. Plus my dad (at least I don't think) doesn't have a lawyer. I am honestly just looking for a way out of this house without going into foster care or becoming a ward of the state or anything of that sort. Do you or anybody else reading this know of any custody laws for the state of Florida that say that in a custody battle I get to say which parent I think I'm better off with?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: A Custody Battle is Out of the Question at This Point, Emancipation is My Last Ho

    In Florida, your preference alone is not reason to request a change in custody. Dad would have to show a significant change in circumstance - and he's also asking to move you out of Florida's jurisdiction which is NOT easy to do. With that said, if he can show such a CoC, at your age your preference will likely weigh heavily in the court's decision.

    As a note, the court is not going to emancipate you so you can live with friends. You would have to be COMPLETELY self-supportive, or at least able to prove that if your friends moved or died or something else happened that you could support yourself without their help. All while making good grades in school.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: A Custody Battle is Out of the Question at This Point, Emancipation is My Last Ho

    I don't want to speak ill of your dad, but he quite obviously knows how to file a custody case - he did so three years ago - and "I'm worried that your mom will lie in court" isn't a compelling excuse. If your dad wants a lawyer, the phone book is full of them. Your opinion can be considered, but if your parents can't decide who gets custody the court decides. You get to pick where you live when you reach the age of 18.

  8. #8
    Join Date
    Jul 2011
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    6

    Default Re: A Custody Battle is Out of the Question at This Point, Emancipation is My Last Ho

    Thanks for helping (to Dogmatigue) you have NO IDEA how much I appreciate your help because at least now we have somewhere to start.....just another quick question....How long does it take the courts to notify my mom after we file for the custody change? (to Mr. Knowitall) let me be more specific......we TRIED to file for custody but none of the courts told him exactly what information he needed to provide which is why I just asked....

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: A Custody Battle is Out of the Question at This Point, Emancipation is My Last Ho

    The courts won't advise him - they employees aren't legally allowed to do that.

    Dad also needs to file in Florida. Dad can start here .

    Jennalea, please don't raise your hopes. In all honesty, unless Dad can articulate that something has changed in the past three years - or even recently - he's likely going to be fighting a losing battle which could end up being very expensive.

    And truly if Mom fights you might already be 18 before it's all over and you'd be able to move where you want anyway. Dad can also be ordered to pay Mom's court costs. He REALLY should speak with an attorney in Florida.

    Given the circumstances, I don't recommend going "pro se".

  10. #10
    Join Date
    Jul 2011
    Posts
    6

    Default Re: A Custody Battle is Out of the Question at This Point, Emancipation is My Last Ho

    what do you mean by "that something has changed"? changed with me or him or mom?....you kind of lost me there haha

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