I Want To Be Emancipated, What Are My Rights?

[xxookami]

Even after reading all of the articles on Florida emancipation, none of them really comply to me. I live in Florida, I’m fifteen, I turn sixteen in two weeks, I’m pregnant and due any day now. My family is verbally abusive, they try to tell me they have certain rights over my child that I cant go against, though I have yet to find out whether they are telling the truth or not or if they are just trying to scare me so that they will have control over me. So far they've said me and my fiancé can’t get married till I’m eighteen without their consent which I know isn’t true;

"If either partner is under 18, parental consent forms must be signed. You will need a certified copy of your birth certificate. If you are under 16 you can not marry without a court order. A minor who is pregnant does not need parental consent as long as the pregnancy is verified in a written statement by a licensed physician."

They also tell me that my mother can legally say when I go into labor that I’m a minor, she is my mother and they HAVE to let her into the delivery room. That isn’t true either. Also, my fiancé doesn’t have to pay child support without my say so and I don’t plan on forcing him. He says he wants to support the child without the law being hung over his head and I trust him to pay for everything she needs until we are married. They tell me it’s the law for him to pay child support, which I also know isn’t true – I’ve looked it up. If I do something like that, not make him pay child support, and they don’t like it, they go on about the huge mistake I’m making and that I need to make it so that he pays child support and the money goes to my grandparents, the ones I’m living with, because they're taking care of me. That money is suppose to go to our daughter, not me or anyone else in my family, though I know they will take advantage of it and spend it on themselves. They start to punish me for not doing what they want me to. They disconnected my cell phone because I didn’t want my mother in the delivery room and said if my fiancé wants to talk to me so badly then I’ll be added to his bill. They have basically wanted him to support me my entire pregnancy and get upset when he refuses to; we aren’t married, he shouldn’t have to support me, only his daughter is his responsibility for now. They try to take over everything in my life already, I can’t even pick out my own clothes to wear in the mornings, and I don’t want them to take over with my daughter, I am her mother not them. I’m stressed out from what they are doing and want out. My fiancé is only seventeen and living with his mother but she has offered for me to move in. What can I do? What are my legal rights?

((Id like it if you would ONLY reply answering my question, instead of criticizing what I’m trying to do or talk me out of it. I’ve noticed that seems to happen a lot in replies to these bulletins. Thank you))

[panther10758]

The chances of a pregnant teen gaining emancipation status are about zero

[cbg]

Laws have recently changed and as I read the current law, even a pregnant minor under 18 still can have a marriage license denied; the court has discretion and can use the discretion to turn you down for permission to marry, pregnant or not.

In Florida, the ONLY way a teen can be emancipated is if YOUR PARENTS sign the petition. If they will not, you cannot be emancipated. Period.

[xxookami]

I have just called and talked to a lawyer since I’ve posted, and so far he's contradicted everything everyone has told me.

[panther10758]

Then leave this site and work with your Attorney!

[xxookami]

there is no need to be rude. And ive joined this site so I can see what my legal rights are without having to spend money. The Attorneys ive found only answer simple yes or no questions, I have to pay if I want them to answer anything in detail

[aaron]

I have just called and talked to a lawyer since I’ve posted, and so far he's contradicted everything everyone has told me.

Okay, I'll bite. Your lawyer is telling you, exactly, what?

[aardvarc]

Even before you get married, YOU are the one who gets to make the decisions concerning medical and healthcare issues for yourself and the child:

743.065 Unwed pregnant minor or minor mother; consent to medical services for minor or minor's child valid.--

(1) An unwed pregnant minor may consent to the performance of medical or surgical care or services relating to her pregnancy by a hospital or clinic or by a physician licensed under chapter 458 or chapter 459, and such consent is valid and binding as if she had achieved her majority. (2) An unwed minor mother may consent to the performance of medical or surgical care or services for her child by a hospital or clinic or by a physician licensed under chapter 458 or chapter 459, and such consent is valid and binding as if she had achieved her majority.

Yes, getting married provides emancipation in Florida:

743.01 Removal of disabilities of married minors.--The disability of nonage of a minor who is married or has been married or subsequently becomes married, including one whose marriage is dissolved, or who is widowed, or widowered, is removed. The minor may assume the management of his or her estate, contract and be contracted with, sue and be sued, and perform all acts that he or she could do if not a minor.

Usually, you need parental consent to get married in Florida, BUT there's an exception when there's a pregnancy:


741.0405 When marriage license may be issued to persons under 18 years.--

(2) The county court judge of any county in the state may, in the exercise of his or her discretion, issue a license to marry to any male or female under the age of 18 years, upon application of both parties sworn under oath that they are the parents of a child.

HOWEVER......

If you plan on getting married, and he plans to tell the court under oath that he's the father, don't be surprised when you get to walk out of court, and he goes to jail. The age of consent in Florida is 16.

800.04 Lewd or lascivious offenses committed upon persons less than 16 years of age.--

(4) LEWD OR LASCIVIOUS BATTERY.--A person who:

(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082 (15 years in prison), s. 775.083 ($10,000 fine), or s. 775.084 (doesn't apply in this case, it's for habitual felony offenders).

The part your parents were probably talking about is under 794.05:

(4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61.

But that provision only kicks in if the perpetrator is 24 or older - and you haven't told us HIS age.