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  1. #1
    Join Date
    Aug 2006
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    2

    Question Emancipation laws in Florida

    hey i am turning 15 and i might be pregnant does that mean if i am for sure am i automatically emancipated???

  2. #2
    Join Date
    Jul 2006
    Posts
    392

    Default Re: emancipation laws in florida

    Quote Quoting hizbabygirl
    hey i am turning 15 and i might be pregnant does that mean if i am for sure am i automatically emancipated???
    Nope, not at all. What it means is you will have to live with your parents with a child unless you can do what it takes to get emancipated, and your parents consent to it. To get emancipated, at the least, you must hold down a full time job, and be able to pay rent,utilities, medical, transportation, etc. There may be a chance, that since you are only 15, and unlikely able to care for a child financially by yourself, if you try to move out of your parents house, the state may take your child. My neice got pregnant, my sister could not afford to take care of them both, and she didn't want to live with her mom anyhow, and the state took her child away. If you want a chance at keeping your baby, stick with your parents, if they are willing to help you until you graduate, and can get your own place with the baby.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,384

    Default Re: emancipation laws in florida

    The confusion comes in because you are MEDICALLY emancipated; i.e. you get to make the final decisions with regards to your health care. You are NOT legally emancipated and what's more, it will now be more difficult for you to become legally emancipated when you are eligible for it, which right now you are not (only the state of California, and not always them, will emancipate a 15 year old).

  4. #4
    Join Date
    Jul 2006
    Posts
    392

    Default Re: emancipation laws in florida

    Quote Quoting cbg
    The confusion comes in because you are MEDICALLY emancipated; i.e. you get to make the final decisions with regards to your health care. You are NOT legally emancipated and what's more, it will now be more difficult for you to become legally emancipated when you are eligible for it, which right now you are not (only the state of California, and not always them, will emancipate a 15 year old).
    Thanks for the further insight!!

  5. #5
    Join Date
    Aug 2006
    Posts
    2

    Question Re: Emancipation laws in Florida

    thanks everyone but the thing of it is,is that i am supposed to be getting married next year and if i am pregnant me and the dad are together and he wants me to move in with him snd his parents cause they are more financially able to help us than my parents and they have more space for us!!!! so what should i do from what i read in the florida marriage laws if you are pregnant and have a doctors letter as proof you can get married with out parents signing nething and that makes you emancipated as soon as your are married if i read it right but i am not sure so any other imputs

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Emancipation laws in Florida

    Getting pregnant or having a baby:
    • Does not emancipate you;
    • Does not trump prior custody orders; and
    • Does not give you an automatic right to get married.

    In terms of a marriage license,
    Quote Quoting Florida Marriage for Minors
    No license to marry shall be granted to any person under the age of 16 years of age, with or without the consent of the parents (unless both parties sworn under oath that they are the parents of a child, or when the fact of a pregnancy is verified by the written statement of a licensed physician) and only then, the County Court Judge can issue the license.

    Both parents must give their consent for a minor to marry, except if only one parent has sole legal custody of the minor or if the other parent is deceased.

  7. #7
    Join Date
    Sep 2005
    Location
    Florida
    Posts
    8

    Default Re: Emancipation laws in Florida

    741.0405 When marriage license may be issued to persons under 18 years.--

    (1) If either of the parties shall be under the age of 18 years but at least 16 years of age, the county court judge or clerk of the circuit court shall issue a license for the marriage of such party only if there is first presented and filed with him or her the written consent of the parents or guardian of such minor to such marriage, acknowledged before some officer authorized by law to take acknowledgments and administer oaths. However, the license shall be issued without parental consent when both parents of such minor are deceased at the time of making application or when such minor has been married previously.

    (2) The county court judge of any county in the state may, in the exercise of his or her discretion, issue a license to marry to any male or female under the age of 18 years, upon application of both parties sworn under oath that they are the parents of a child.

    (3) When the fact of pregnancy is verified by the written statement of a licensed physician, the county court judge of any county in the state may, in his or her discretion, issue a license to marry:

    (a) To any male or female under the age of 18 years upon application of both parties sworn under oath that they are the expectant parents of a child; or

    (b) To any female under the age of 18 years and male over the age of 18 years upon the female's application sworn under oath that she is an expectant parent.

    (4) No license to marry shall be granted to any person under the age of 16 years, with or without the consent of the parents, except as provided in subsections (2) and (3).

    History.--s. 2, ch. 78-266; s. 1058, ch. 97-102.
    __________________________________________________ ______________

    Interpretation: If you get it verified by a licensed physician, you can apply for a marriage license without the consent of both of your parents. How ever: "...the county court judge of any county in the state may, in his or her discretion, issue a license to marry" means that a county judge in which you reside in Florida, can decide whether or not to permit the marriage license approval.

    If the marriage license is approved, then you can get married. Once you are married, you are legally emancipated minor.

    But as Mr. Knowitall said, just the fact you are pregnant or have had a child, does not make you emancipated. How ever, since you a pregnant minor, you now have the right to consent to any medical treatment concerning you pregnancy, and health of your child, once born.

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