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  1. #1

    Exclamation Can an Abused Sixteen Year Old Get Emancipated Without Parental Consent

    My question involves juvenile law in the State of: Florida

    I have been constantly physically and emotionally abused by my mother since early elementary school. I have only recently reached out to DCFS regarding my circumstances, but my father and mother both refused to answer questions pertaining to abuse within the household and even denied some of the claims I made. I created a substantial list of abuse which I sent to a teacher, counselor, social worker, and father and all statements were claimed to be true by my father to me. I'm not aware of how the case is going since no one cares to update me and my parents refuse to speak to me about it. This is the main reason why I'm seeking emancipation. I don't currently have a job because my parents won't let me leave the house but I have 3 guaranteed employers(I only need two to sustain myself) and a guaranteed place to live with my friends family who are aware of the situation. I'm exceptionally gifted in school and am an exceptional planner. I've been researching this option for about 3 years and feel that it is my only way out of the house that won't result in something such as foster care. I've completed all the budgeting for the area I live in which includes all insurance, bills, rent, and other fees such as groceries or clothes per month. I've also calculated that from two jobs I'll be making $200 extra a month, assuming I work 5 days a week. This will go towards saving for college and other things. As for a car, I'll have to either buy one off my friend or save up for a cheap one and add gas to my monthly cost. Therefore I meet all the requirements to be emancipated within my state. Now that I've explained my story, here are the problems I face: neither parents will sign the required forms, I'm constantly surveilled by cameras and alarms so I can't leave my house to get the necessary paperwork, I can't currently get a job, and I can't find an affordable or pro bono attorney (currently seeking to have a guardian ad litem appointed to me by the court but that's another ordeal). What are my options if any?

  2. #2
    Join Date
    Jun 2014
    Posts
    3,004

    Default Re: 16 Year Old Abused Female W/O Parental Consent

    If child protection had reason to believe you were being abused. They would have removed you from your home. If you have been abused all of these,years. Why didn't you say something to all of these people before now ?

    You can forget being emancipated. You do not qualify.

  3. #3
    Join Date
    Aug 2013
    Posts
    278

    Default Re: 16 Year Old Abused Female W/O Parental Consent

    If you are being legally abused (the law's definition, not yours) then you or someone calls Child Protective Services, who directly supervises your parents or places you with a foster family.

    Child emancipation is something very rare. Say you were a child movie star making tons of money and your parents were spending that money on themselves. The court could (not automatic) appoint a trustee to manage your money and take care of you. That is what the the phrase means. It does not not mean normal 16 years getting a note from the court allowing them to go live with their BF/GF.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,856

    Default Re: 16 Year Old Abused Female W/O Parental Consent

    You do not meet all the requirements for emancipation. You do not have the signature of your parents on an emancipation petition. That is the first requirement. It is, in your state, it is mandatory that your parents file the emancipation petition. If they cannot or will not, you will not be emancipated. There is no but-what-if exception you can come up with that is going to change that. No parental application, no emancipation. Period. Full stop.

  5. #5
    Join Date
    Mar 2016
    Posts
    2,281

    Default Re: 16 Year Old Abused Female W/O Parental Consent

    Quote Quoting dianawilsonn02
    View Post
    My question involves juvenile law in the State of: Florida

    I have been constantly physically and emotionally abused by my mother since early elementary school. I have only recently reached out to DCFS regarding my circumstances, but my father and mother both refused to answer questions pertaining to abuse within the household and even denied some of the claims I made. I created a substantial list of abuse which I sent to a teacher, counselor, social worker, and father and all statements were claimed to be true by my father to me. I'm not aware of how the case is going since no one cares to update me and my parents refuse to speak to me about it. This is the main reason why I'm seeking emancipation. I don't currently have a job because my parents won't let me leave the house but I have 3 guaranteed employers(I only need two to sustain myself) and a guaranteed place to live with my friends family who are aware of the situation. I'm exceptionally gifted in school and am an exceptional planner. I've been researching this option for about 3 years and feel that it is my only way out of the house that won't result in something such as foster care. I've completed all the budgeting for the area I live in which includes all insurance, bills, rent, and other fees such as groceries or clothes per month. I've also calculated that from two jobs I'll be making $200 extra a month, assuming I work 5 days a week. This will go towards saving for college and other things. As for a car, I'll have to either buy one off my friend or save up for a cheap one and add gas to my monthly cost. Therefore I meet all the requirements to be emancipated within my state. Now that I've explained my story, here are the problems I face: neither parents will sign the required forms, I'm constantly surveilled by cameras and alarms so I can't leave my house to get the necessary paperwork, I can't currently get a job, and I can't find an affordable or pro bono attorney (currently seeking to have a guardian ad litem appointed to me by the court but that's another ordeal). What are my options if any?
    "I don't currently have a job because my parents won't let me leave the house but I have 3 guaranteed employers(I only need two to sustain myself)" -- This right here would cause a judge to deny emancipation. You have to already be providing for yourself and self-sufficient.

    It doesn't matter if you're a good or bad student or any of that. "Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting."

    No you don't meet the requirements to be emancipated anywhere.

    If you need one parent to consent and they won't then you're not getting it.

  6. #6
    Join Date
    Sep 2005
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    Default Re: Can an Abused Sixteen Year Old Get Emancipated Without Parental Consent

    Florida requires parents or legal guardians to initiate emancipation proceedings. If they object it's a non-starter.

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