I Want My Kid Out of My Life

[Katel]

My question involves guardianship in the State of: Florida

My 16 year old went to live with his dad (to whom I was never married). No legal custody agreement was ever arranged as my son had lived with me his entire life. The dad then filed for child support, which in the eyes of the law, seems to automatically make the dad his legal guardian. NOW, the dad has gone to jail, for approximately one year and my son resides with my sister. Can I have this ungrateful little brat emancipated without the consent of the father? I do not know if he'll oppose it or not.

[cyjeff]

Sorry.

Children are not garbage you can just throw out when you are done with them.

A child can be emancipated in Florida with the consent of both parents. However, it will still be up to a judge to make the call if the child would be able to support him/herself.

I will also say that your post disturbs me. You seem awful angry at a child. Your child.

You need to get over that.

[Katel]

So you posted an opinion, not an answer as to whether or not the deadbeat dad in jail has to consent to the emancipation. Do you KNOW the answer or is this forum for passing judgment only?
By the way, I'd probably have the same opinion as you, about my post, but you have NOOOO idea what this monster child is made up of. There is literally NOTHING else that I can do for him and unlike my other two teenagers, he DESPISES me.

[cyjeff]

So you posted an opinion, not an answer as to whether or not the deadbeat dad in jail has to consent to the emancipation. Do you KNOW the answer or is this forum for passing judgment only?
By the way, I'd probably have the same opinion as you, about my post, but you have NOOOO idea what this monster child is made up of. There is literally NOTHING else that I can do for him and unlike my other two teenagers, he DESPISES me.

What part of the statement "A child can be emancipated in Florida with the consent of both parents." confused you?

[panther10758]

I agree with cyjeff your post is very disturbing. Emancipation is not going to happen so forget it. I would urge you to seek some therapy for your issues with your child. He is clearly better off at sisters

[Katel]

What part of WITHOUT the consent of the father confuses YOU? It's a simple question, not an argument.

panther10758 - Again, an opinion with NO idea how bad things are. My crazy sister is bipolar and only encourages my son to continue being the ungrateful, drug addicted, abusive, loser that he became after living with his crackhead dad, hence the jail sentence for good ole daddy.

If I wanted advise on how to deal with my son's issues, I would have written to Dear Abby. Do YOU know if a child can be emancipated WITHOUT the consent of the locked up deadbeat dad?

[panther10758]

YOu got your answer NO!!! He does not meet criteria!! Your so deluded with dumping your child you cant read! If you feel he is in dangerous situation get him out! If you feel hes being mistreated, abused etc call CPS. by the way thanks for taking your troubled teen and trying to throw him to us (via emancipation) for us to deal with

[aaron]

The law is actually quite clear. An emancipation action is commenced "upon a petition filed by the minor's natural or legal guardian." Note that this language is singular. The statute further explains,

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.

So mom can file the petition, and serve a copy on dad as he sits in jail. Note that it's necessary to provide,

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.

[LawResearcherMissy]

So you posted an opinion, not an answer as to whether or not the deadbeat dad in jail has to consent to the emancipation.

As noted, the answer to your question is YES, consent must be from BOTH parents. You may have notice served upon him, and he can contest the petition.

Additionally, your son is not a candidate for emancipation if he is not already self-supporting. It is not a process by which you get to tell the judge "You know what? I'm done. He's a pain in the ass and I want him gone." It just does not work that way, and if you throw attitude at the judge the way you're doing to the volunteers here, he's going to slap you down with much, much, MUCH harsher attitude and possibly order YOU into therapy.

I would suggest looking into family assistance programs in your area, specifically those for handling incorrigible teens.

[aaron]

Additionally, your son is not a candidate for emancipation if he is not already self-supporting.

I'm of the impression that, unlike most states, Florida doesn't care if the minor is self-sufficient as long as the court concludes that the minor won't end up on public assistance. My cynical interpretation of the statute is that it's written for parents who no longer want to deal with problem teens, as opposed to most state statutes that are addressed at teens who are already living independently and supporting themselves.

Under the Florida statute, if the parents agreed to pay a stipend to the minor as part of the emancipation order until the child reaches the age of 18, and agree to provide health insurance during that time, that could constitute a sufficient "explanation of how the needs of the minor with respect" to material needs. The question then becomes, how can the court be sure that the minor will actually apply the funds in a responsible manner, rather than blowing all the money on drugs.

If junior lived with a responsible adult, it might be possible to consider granting that adult guardianship. I'm not sure that a court is going to find that junior's habits or living arrangements are such that he would avoid ending up on public assistance (or in jail) if emancipated.