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  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
    panther10758 Guest

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

    Without a statute and already very difficult process becomes even tougher

  8. #8
    Join Date
    Apr 2007
    Posts
    541

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

    I would like a bit of clarification, please, OP.

    Your grandparents are your custodial guardians and your aunt is your legal guardian? Is that correct?

    How long have you lived in DE? I'm sorry if you already posted that information.

  9. #9
    Join Date
    Aug 2007
    Posts
    15

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

    Fortunately I'd make a much better attorney than either my aunt or father, and I'm flawlessly justified.

    Exactly how would I go about this, and who could I contact about financial aid? I know there are agencies who'd help me.

  10. #10
    Join Date
    Aug 2007
    Posts
    15

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

    Quote Quoting jojo4
    View Post
    I would like a bit of clarification, please, OP.

    Your grandparents are your custodial guardians and your aunt is your legal guardian? Is that correct?

    How long have you lived in DE? I'm sorry if you already posted that information.
    That's correct. I've been living in Delaware for about three weeks now.

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