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  1. #21
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Living With Guardian in Delaware, Custodian Living in Florida

    In Florida, your guardian would have to initiate emancipation proceedings. It is not clear that any court will grant emancipation, as opposed to referring the issue to the court with jurisdiction over the guardianship matter. As you've been told, there is no emancipation statute in Delaware, but you can rest assured that a juvenile court is not going to step on the toes of another court (possibly the same or a different juvenile court) which has jurisdiction over your case.

  2. #22
    Join Date
    Aug 2007
    Posts
    15

    Default Re: Living With Guardian in Delaware, Custodian Living in Florida

    Quote Quoting aaron
    View Post
    In Florida, your guardian would have to initiate emancipation proceedings.
    I know.

    Quote Quoting aaron
    View Post
    It is not clear that any court will grant emancipation, as opposed to referring the issue to the court with jurisdiction over the guardianship matter.
    I know this also.

    Quote Quoting aaron
    View Post
    As you've been told, there is no emancipation statute in Delaware, but you can rest assured that a juvenile court is not going to step on the toes of another court (possibly the same or a different juvenile court) which has jurisdiction over your case.
    My grandparents (who have legal custody) aren't going to take any action unless pressed to by one party. So let's put them aside (thereby putting one of the two courts out of the picture).

    I'm trying to ask about me filing for emancipation in my state of residence, which is DE.

  3. #23
    Join Date
    Apr 2007
    Posts
    541

    Default Re: Living With Guardian in Delaware, Custodian Living in Florida

    Okay, to make this very simple....for jurisidiction purposes, you have not established residency in DE for a DE court to hear a petition for emancipation, whether they will hear a case or not. You have only been there 3 weeks. At this point, it's as if you are just visiting.

  4. #24
    Join Date
    Aug 2007
    Posts
    15

    Default Re: Living With Guardian in Delaware, Custodian Living in Florida

    Quote Quoting jojo4
    View Post
    Okay, to make this very simple....for jurisidiction purposes, you have not established residency in DE for a DE court to hear a petition for emancipation, whether they will hear a case or not. You have only been there 3 weeks. At this point, it's as if you are just visiting.
    Oh, if that's why you said I don't have the right to petition, I apologize for my misunderstanding. Is there a minimum time or something? I'm enrolled in school, have all my medical things transferred and established here, etc. There's evidence, no?

  5. #25
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Living With Guardian in Delaware, Custodian Living in Florida

    If your answer to everything is "I know", then why don't your posts reflect it? Is there a purpose to continuing this thread?

  6. #26
    panther10758 Guest

    Default Re: Living With Guardian in Delaware, Custodian Living in Florida

    Get your job(s) work there several months establish you work and have been. by that time enough time will have passed to establish your residence but again by having residence in a state with no statute lessens your chances

  7. #27
    Join Date
    Aug 2007
    Posts
    15

    Default Re: Living With Guardian in Delaware, Custodian Living in Florida

    Quote Quoting aaron
    View Post
    If your answer to everything is "I know", then why don't your posts reflect it? Is there a purpose to continuing this thread?
    Yes, there is. Because so far, my questions have been dodged around by Panther, misunderstood by Jojo, though I've also actually been able to converse with Jojo. And then there was your post; you didn't answer any question. You just said that DE courts won't step on the toes of FL courts in this case. That does nothing for this conversation.

  8. #28
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Living With Guardian in Delaware, Custodian Living in Florida

    Perhaps you will have more success on a different forum.

  9. #29
    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?

  10. #30
    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.

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