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  1. #1
    Join Date
    Sep 2005
    Location
    Lake City, Florida
    Posts
    1

    Default Getting Emancipated After Mom Left Our Home

    I'm seventeen years old and currently live with my father and little brother. My mom left two years ago and I have since then felt as though to be expected to fill three differant roles: mother, housekeeper, and teenage daughter. I'm expected to pay $400 rent each month living here, keep the house clean, and keep my little brother before and after school. I understand that with my mom being gone, I do share more responsibility with my dad to keep things running smoothly ... however, it seems as though, no matter what is done ... smoothly is the very last way things run, and I honestly don't think I can handel it much more. I'm not completely ignorant, I agree that moving out and being on my own will hold a great deal of resopnsibility in and of itself ... however, atleast then it would be my own. With all that said, and also suggested by my cousolour that I've been seeing for four years now, I would like to be emancipated. I dropped out of school, but have plans to go back and make my way to collage. I've held the same job for over a year now, and have just recently been promoted to a higher position. I've also already made arrangements with a friend, whom I've known for several years now, who is in great need for someone to share rent with. It's also very near where I work, thus transportation would be no problem. My questions are simply: does my purpose sound lagitiment? Also, how should I go about beginning this process? Whatever infomation you can share with me would be greatly appreciated.

    Thankyou so much,
    Sincerely,
    Tiffany
    starflavrdcherry@aol.com

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Florida Emancipation Law

    Pursuant to Florida emancipation law:
    Quote Quoting Florida Statutes, Section 743.015 - Disabilities of nonage; removal.
    (1) A circuit court has jurisdiction to remove the disabilities of nonage of a minor age 16 or older residing in this state upon a petition filed by the minor's natural or legal guardian or, if there is none, by a guardian ad litem.

    (2) The petition shall contain the following information:

    (a) The name, address, residence, and date of birth of the minor.

    (b) The name, address, and current location of each of the minor's parents, if known.

    (c) The name, date of birth, custody, and location of any children born to the minor.

    (d) A statement of the minor's character, habits, education, income, and mental capacity for business, and an explanation of how the needs of the minor with respect to food, shelter, clothing, medical care, and other necessities will be met.

    (e) Whether the minor is a party to or the subject of a pending judicial proceeding in this state or any other jurisdiction, or the subject of a judicial order of any description issued in connection with such pending judicial proceeding.

    (f) A statement of the reason why the court should remove the disabilities of nonage.

    (3) If the petition is filed by the natural or legal guardian, the court must appoint an attorney ad litem for the minor child, and the minor child shall be brought before the court to determine if the interest of the minor will be fully protected by the removal of disabilities of nonage. The attorney ad litem shall represent the child in all related proceedings.

    (4) If the petition is filed by the guardian ad litem or next friend, service of process must be perfected on the natural parents.

    (5) If both parents are not jointly petitioning the court for the removal of the disabilities of nonage of the minor, service of process must be made upon the nonpetitioning parent. Constructive service of process may be used, provided the petitioning parent makes an actual, diligent search to discover the location of, and provide notice to, the nonpetitioning parent.

    (6) The court shall consider the petition and receive such evidence as it deems necessary to rule on the petition. If the court determines that removal of the disabilities of nonage is in the minor's best interest, it shall enter an order to that effect. An order removing the disabilities of nonage shall have the effect of giving the minor the status of an adult for purposes of all criminal and civil laws of the state, and shall authorize the minor thereafter to exercise all of the rights and responsibilities of persons who are 18 years of age or older.

    (7) The court shall consider the petition and, if satisfied that the removal of the disabilities is in the minor's best interest, shall remove the disabilities of nonage; and shall authorize the minor to perform all acts that the minor could do if he or she were 18 years of age.

    (8) The judgment shall be recorded in the county in which the minor resides, and a certified copy shall be received as evidence of the removal of disabilities of nonage for all matters in all courts.
    So your parents would have to initiate the emancipation.

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