Results 1 to 10 of 31

Hybrid View

  1. #1
    Join Date
    Aug 2007
    Posts
    15

    Default Living With Guardian in Delaware, Custodian Living in Florida

    This may or may not be an interesting situation...

    I'm 15 years old, turning 16 this September. I very recently moved from FL to Delaware, and it's taken unacceptable present-tense casualties in my life in education, higher education, career opportunities, and emotional well-being. My legal custodians are my grandparents. They're living in Florida. I'm living in Delaware with my aunt, who is my legal guardian. I have the consent of my custodian to be living here. I believe the original transfer of custody to my grandparents took place in Florida.

    I want to file for emancipation. I'm confused as to which state has jurisdiction in this case, and to whom I would apply for emancipation. Also, would different procedures be requisite to application, given my living situation?

    One additional question; would my parents, and by that I'm really only referring to my father, as he, with my aunt, pushed for this move, and my mother is fairly disinterested, be able to interject in this case in any manner?

    I'm aware of the statutes regarding the emancipation of minors in both states, or lack thereof in the apparent case of Delaware, specifically that in Florida, emancipation must be filed by the custodian.

    And a couple more questions; from where would I request the forms necessary to an application, and to whom would I submit them? Also, should I need legal counsel, and I almost expect to, is there an agency I can go to for financial aid?

  2. #2
    panther10758 Guest

    Default Re: Living w/ Guardian in DE, Custodian Living in FL, Emancipation Qs

    Your post is confusing your Grandparents hold legal custody yet your Aunt is your legal guardian? You rliving in Deleware with consent of custodial parents (Grandpa and Grandma) This makes your legal residence Deleware. This would suggest your must meet and follow Deleware emancipation law (if any). However if your Grandparents demand your return to FL before emancipation is complete it could be dead issue.

  3. #3
    panther10758 Guest

    Default Re: Living w/ Guardian in DE, Custodian Living in FL, Emancipation Qs

    A quick check shows Deleware with no emancipation statute

  4. #4
    Join Date
    Aug 2007
    Posts
    15

    Default Re: Living w/ Guardian in DE, Custodian Living in FL, Emancipation Qs

    So I'll apply to Delaware for emancipation, correct?

    And regarding my other queries..?

  5. #5
    panther10758 Guest

    Default Re: Living w/ Guardian in DE, Custodian Living in FL, Emancipation Qs

    You didnt pay atention! There is no statute for emancipation in Deleware therefore you cannot petition for it! Since there is no statute (as you know) your other question play no role. Unless you move back to FL emancipation is not an option and yes your parents,Grandparents or anyone with legal custody can agrue against the petition

  6. #6
    Join Date
    Aug 2007
    Posts
    15

    Default Re: Living w/ Guardian in DE, Custodian Living in FL, Emancipation Qs

    My grandparents are a non-issue, and cannot be used for or against either party.

    As far as there being no statutes for the emancipation of minors in Delaware, that does not imply that emancipation cannot be fought for in the state, does it? It doesn't say I can, but it doesn't say I can't either, unless this is an implication in law of which I'm unaware. It implies nothing, correct? The following information is from JLC.org.

    each state has different laws governing emancipation and some states simply have no law or legal process concerning emancipation. In states where minors wishing to become legally emancipated will have to break new legal ground.
    This info is from ElkLaw.net.

    There is no formal statute to file for emancipation under. You may attempt to file an emancipation petition in a juvenile court or family court, or other court of jurisdiction, but there are no set out statutory requirements or prerequisites.

  7. #7
    Join Date
    Aug 2007
    Posts
    15

    Default Should be easier; emancipation in DE

    Without complex background info and misunderstandings...

    I'm 15yo and living in Delaware, and need to file application for emancipation. Delaware does not have statutes for the emancipation of minors, though I still want to make a case, even if it's not been done before. What evidence of self-support should I have, who do I need to contact about having my case seen by a judge, and is there an agency that will provide me financial aid for hiring legal counsel?

  8. #8
    Join Date
    Apr 2007
    Posts
    541

    Default Re: Should be easier; emancipation in DE

    As your were told, you cannot petition in DE, whether they will hear a case or not. You are not yet a legal resident for jurisdictional purposes. There is no getting around that other than enough time living in DE to establish legal residence.

    Fl would have jurisdiction.

    There is no point in belaboring this point. There is no other answer.

  9. #9
    Join Date
    Aug 2007
    Posts
    15

    Default Re: Should be easier; emancipation in DE

    Quote Quoting jojo4
    View Post
    As your were told, you cannot petition in DE, whether they will hear a case or not. You are not yet a legal resident for jurisdictional purposes. There is no getting around that other than enough time living in DE to establish legal residence.

    Fl would have jurisdiction.

    There is no point in belaboring this point. There is no other answer.
    Okay. To-do item #1: Establish legal residency. Thank you. But what else?

    I'm not belaboring this point, everyone else is by referring back to it with every reply. I've acknowledged it. Why is the issue being shot down after this particular point?

    1. Sponsored Links
       

Similar Threads

  1. Guardianship: How Can a Minor to Get a Guardian Instead of Living At Home
    By whatswrongwithme in forum Disability and Elder Law
    Replies: 5
    Last Post: 11-21-2007, 08:58 PM
  2. Guardianship: Individual Living Abroad as Personal Guardian
    By ecoffino in forum Disability and Elder Law
    Replies: 1
    Last Post: 11-02-2007, 08:03 AM
  3. Emancipation: Living With A Guardian and Want To Get Emancipated, in Missouri
    By Vulcan13542 in forum Juvenile Law
    Replies: 8
    Last Post: 08-17-2007, 01:28 AM
  4. Emancipation: Dad Living in Florida Wants His Son Living in New Jersey To Move In With Him
    By melis2kids in forum Juvenile Law
    Replies: 1
    Last Post: 07-31-2007, 07:22 PM
  5. Guardianship: Living with dad, but he's not my legal guardian
    By robie0_55 in forum Disability and Elder Law
    Replies: 1
    Last Post: 01-09-2007, 01:19 PM
 
 
Sponsored Links

Legal Help, Information and Resources