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  1. #1
    Join Date
    May 2007
    Posts
    1

    Default Emancipation Orders, Out-Of-State

    I am the guardian of a 161/2 year old girl originally from Florida. Her mother gave her willingly up to me and my wife. We went through the MA court and have full legal guardianship until the age of 18. She has lived with us for a year.

    Her family is having problems in Florida. Her mother has issues (which is why this girl moved in with us). She has a younger brother and an older sister. She feels that she has to go back to Florida to help her siblings but wants her mother to have no control or say in her life.

    I have 2 questions. If she becomes emancipated in Massachusetts (with our help and consent as guardians) will the State of Florida recognize it if she moves back there? If she just goes back to Florida can she go through the process there since her mother has already legally consented to give her up.

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: transfer emancipation

    Florida should recognize an out-of-state emancipation order. It would be difficult for her to emancipate in Florida as she would have to first establish domicile, and then would need to establish that you, as her guardians, were authorized to grant her permission to emancipate. A court would no doubt be very curious as to why the guardians let their ward move, unsupervised, to another state and live there for months before initiating an emancipation petition.

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