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  1. #1
    Join Date
    Apr 2018
    Location
    Florida
    Posts
    1

    Default Can You Get Emancipated Due to Your Parents' Drug and Criminal History

    My question involves juvenile law in the State of: Florida

    I am currently 16 years old, 17 later this year, and I'm not quite satisfied with my home situation. I have read many threads on this forum about emancipation and the process but my situation isn't exactly like the other threads I have read.
    1. My dad is verbally and sometimes, depending on whether or not he takes his depression medication, physically abusive. I have four younger siblings in my house including a 2 year old that I consider my own son based on the amount of parenting that I provide for him that his mom and dad don't. Out of all five of us kids, I am the only one that my dad treats badly. Most of what happens are insults and threats but I am afraid of it not being a safe environment for me, although he treats my siblings nicely and fairly.
    2. My siblings basically treat me the same way my dad does.
    3. I have been evaluated by a psychologist to have depression, anxiety, PTSD, and some signs of bipolar disorder but my parents will not agree to get me actual treatment.
    4. I have spoken to my school about the situation and even been sent to a psychiatric facility to be evaluated due to what I revealed about my home life. Ultimately, DCF was called but I was released to go home.
    5. I am not allowed to have a job and I lied to DCF about the abuse and situation simply because I am afraid of my siblings being split up. My parents have assured me that I am steadily ruining all of their lives and I cannot escalate the situation.

    I am in my last two months of junior year in high school and my future is basically planned out. My only current issue is that when reading up on emancipation, it says I need to prove I am financially stable and basically mature enough to live on my own. Given that my parents have been in and out of jail and on and off drugs and that I have been taking care of myself and siblings since I was about four years old, I think I can prove I can take care of myself now, but I am not allowed to have a job or get a license right now so I don't know how to prove financial stability.

    I need to know how long it would take to be emancipated without parental consent. I don't have money for an attorney or anything so I don't fully understand the process of getting emancipated right now. I would not be willing to tell on my parents for everything that has happened but based on timing and goals, would being emancipated be possible or ultimately worth it? Please help.

  2. #2
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: 16-Year Old Florida Emancipation

    Your thread is exactly like others on this and other forums.
    1. If you feel you are being abused, you report it to authorities or a trusted adult. Your younger brother isn't your son.
    2. Again if you are being abused, report it.
    3. Have you told the psychologist or told a school counselor or some adult this?
    4. Call and report it again if it continues.
    5. Well there you go - lying to DCF was the wrong answer. So call and report the abuse and don't lie about it.

    If you aren't currently self sustaining you're not getting emancipated. Emancipation is not to escape abuse. Also you're not getting emancipated without parental consent.

    "A minor child sixteen years or older may petition the court through a parent, legal guardian, or guardian ad litem to become legally emancipated for all purposes. If the court finds that the minor child is financially independent of the parents, emancipation will likely be granted. Emancipation immediately relieves the parents from all support obligations for the minor child."

    How are you going to provide for yourself if you don't have a job and can't sustain yourself now?

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: 16-Year Old Florida Emancipation

    In Florida there is no such thing as emancipation of a minor without parental consent. It doesn't matter what your situation is; if your parents do not sign the petition for emancipation, you do not get emancipated. Period. No exceptions.

    And even if it were possible, with no job and no income your petition would be denied anyway.

    You have two options; you tell the DCF people the truth and see what they are willing/able to do, or you suck it up till you're 18. I'm sorry to be so blunt, but you simply do not have the option of leaving home without parental permission unless the state takes you out of the home and places you where they see fit. Those are your choices.

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