16-year-old who has moved out

[rechdae]

I have a 16 y/o daughter (she'll be 17 in May) who has moved out and moved in with her boyfriend, who is 19. I've had multiple problems with her over the last few years (running away, getting arrested, in juv det for a month, etc) and have tried everything I know to keep her at home. When she was at home she would sneak out of the house in the middle of the night and walk or hitch rides to see her boyfriend, finally I got so tired of the continuous worrying about her roaming the streets in the middle of the night that I gave in and let her move out. I don't like that she is living with him but at least I know she's not out on the streets. She insists that she's old enough to be on her own, doesn't want to live at home and deal with rules, etc. She's officially withdrawn from school, obtained a work permit and is working but not full time, and is not making enough to really support herself. Neither her or her boyfriend has a car, I still cover her with health ins, help her with food on occasion, etc. She wants me to file for emancipation for her and I'm not against it but don't believe it will be granted because she really isn't completely self dependent. So my questions are 1. How do I go about filing for emancipation? 2. If she doesn't get the emancipation, and while we're filing for it, can I get into trouble for letting her live outside my house since she's underage?

[Happy Trails]

You would file a petition at the county courthouse.

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.

What does the other parent think about these living arrangements and filing for emancipation?

Also, the age of consent in Florida is 18. If the minor child gets into trouble, it is possible that you could get into trouble. (Depending on the type of trouble she is getting into.) She's still a minor that you are responsible for.

[rechdae]

If my divorce judgement states "wife shall have sole parental responsibility of minor children" does that mean I have to have my ex-husband sign the petition also?

Also, the boyfriend's mom isn't happy about the living arrangements either and said something to me about "letting" my daughter do whatever she wants, saying someone should take her and my 10 y/o and put them in foster care. I've tried so many things with my oldest daughter over the last 3 years and even her probation officer didn't have any more ideas (when she was on probation). I'm not a bad mom and I haven't thrown my daughter out or turned my back on her, I just can't get her to stay living at home. I guess I'm afraid if the boyfriend's mom makes a stink with DCF or something that I'm going to have problems. Although her son is overage so I think he'd be in some trouble also if she says anything.

Sorry to rattle on so much, just wondering if there are other parents out there with these types of problems, and what my options are.

[Mr. Knowitall]

I don't believe that he would be required to join in the petition, under the language of the statute, but he would be able to oppose the petition. And he may be able to use the petition as the basis for an argument that he should have custody.

[panther10758]

Why would a court grant emancepation for a child with a troubled/criminal history? Maybe juvie boot camp!