Results 1 to 4 of 4
  1. #1

    Post Emancipation in Florida

    Im sixteen years old to be seventeen in months and considering emancipation. I have three job apps. in as of this week. But my reasoning for emancipation is that my father is already in jail and is faceing six to seven year and my mother doesnt really care as of what I do.
    My aunt has temporary custody of me but she is moving out of state and I dont wish to go.
    I have friends that are renting a place that I would have to pay rent at and everything I just dont know if I have good enough reason.
    -hence im not pregnant-
    -and im not beaten-

    Just feel that it would be better for me to live on my own legally other than the way I am now.
    I basically do live as a adult but would like it to be legal.
    Are these legally good reasons or should I just wait to turn eighteen.

  2. #2
    panther10758 Guest

    Default Re: Emancipation in Florida.

    Florida emancipation requires parental consent. Will both your parent consent?

  3. #3
    panther10758 Guest

    Default Re: Emancipation in Florida.

    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.

  4. #4
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Emancipation in Florida.

    Quote Quoting foreverandever
    View Post
    Im sixteen years old to be seventeen in months and considering emancipation. I have three job apps. in as of this week. But my reasoning for emancipation is that my father is already in jail and is faceing six to seven year and my mother doesnt really care as of what I do.
    My aunt has temporary custody of me but she is moving out of state and I dont wish to go.
    I have friends that are renting a place that I would have to pay rent at and everything I just dont know if I have good enough reason.
    -hence im not pregnant-
    -and im not beaten-

    Just feel that it would be better for me to live on my own legally other than the way I am now.
    I basically do live as a adult but would like it to be legal.
    Are these legally good reasons or should I just wait to turn eighteen.
    I wanted to note that:

    Quote Quoting foreverandever
    View Post
    ....I just dont know if I have good enough reason.

    -hence im not pregnant-
    -and im not beaten-
    These are not reasons for emancipation. In fact, being pregnant would make it harder to get emancipated and being abused is a "Child Protection" issue.

    You state your aunt has temporary custody of you, that complicates the issue even further.

    1. Sponsored Links
       

Similar Threads

  1. Emancipation: Emancipation in Florida
    By matt1039 in forum Juvenile Law
    Replies: 1
    Last Post: 10-01-2009, 12:30 PM
  2. Emancipation: Florida Emancipation Help
    By evans02c in forum Juvenile Law
    Replies: 2
    Last Post: 01-11-2007, 09:53 PM
  3. Emancipation: Emancipation in Florida
    By cutelilduckies16 in forum Juvenile Law
    Replies: 1
    Last Post: 04-21-2006, 08:23 AM
  4. Emancipation: Emancipation under Florida Law
    By somethingsmart in forum Juvenile Law
    Replies: 2
    Last Post: 08-08-2005, 09:33 AM
  5. Emancipation: Emancipation in Florida
    By chelle412 in forum Juvenile Law
    Replies: 1
    Last Post: 07-18-2005, 09:51 PM
 
 
Sponsored Links

Legal Help, Information and Resources