Florida Emancipation Law

[STORMIMAMA]

MY DAUGHTER'S BOYFRIEND WAS KICKED OUT OF HIS HOUSE BY HIS CUSTODIAL MOTHER WHEN HE WAS 16. HE MOVED IN WITH MYSELF AND MY DAUGHTER AND HAS BEEN WITH US FOR APPROX. 6 MONTHS NOW. I HAVE PROVIDED HIS SHELTER, FOOD, TRANSPORTATION, ETC. WITHOUT ANY COMPENSATION FROM HIS MOTHER. RECENTLY HIS MOTHER HAS BEEN DEMANDING THAT HE RETURN HOME, BUT HE DOESN'T WANT TO GO BECAUSE SHE IS EMOTIONALLY ABUSIVE. HE WANTS TO STAY WITH US WHERE HE FEELS SAFE AND IS HAPPY. HE IS ALSO HOME SCHOOLED THRU THE FLORIDA VIRTUAL SCHOOL PROGRAM AND NEEDED A COMPUTER FOR HIS WORK WHICH HE DIDN'T HAVE AT HOME SO HE USED MY HOME AND WORK COMPUTER. HIS MOM JUST PURCHASED A COMPUTER IN AN EFFORT TO GET HIM HOME. HE IS ALSO LOOKING FOR A JOB, BUT HAS NO CAR. HIS MOM IS INSISTING SHE CAN DRIVE HIM WHEREVER HE NEEDS TO GO, BUT IN THE PAST WHEN SHE COULDN'T GET AWAY FROM HER JOB HE WOULD BE LATE OR MISS WORK ALTOGETHER. MY RESIDENCE IS IN THE MIDDLE OF TOWN JUST 5 MINUTES FROM ALL THE PLACES THIS YOUNG MAN IS TRYING TO GET A JOB. IN ADDITION TO THAT MY JOB IS EXTREMELY FLEXIBLE MAKING IT POSSIBLE FOR ME TO PROVIDE THE TRANSPORATION HE NEEDS TO WORK OR WHEREVER WITHOUT ANY PROBLEM AT ALL. WHAT LEGAL RIGHTS DOES THIS YOUNG MAN HAVE??? HE WILL BE 17 ON 9/15/06. HE ALSO DOESN'T WANT TO MOVE HOME BECAUSE IT WILL PUT HIM RIGHT BACK INTO THE NEIGHBORHOODS AND CONTACT WITH ALL THE PEOPLE SELLING DRUGS THAT HE USED TO BE IN TROUBLE WITH. UP UNTIL THIS YOUNG MAN MET MY DAUGHTER HE HAD A HISTORY OF SELLING AND USING DRUGS, STEALING AND VADALISM, BUT IS NOW COMPLETELY CLEAN AND HAS BEEN FOR ALMOST A YEAR. HE IS WORKING HARD AT HIS HOME SCHOOLING AND HAS GOALS FOR THE FIRST TIME IN HIS LIFE. HE'S COME FROM BEING A KID WITH A VERY BAD ATTITUDE AND NO RESPECT FOR ANYONE OR ANYTHING TO OPENING UP AND TRUSTING AGAIN AND SHOWING RESPONSIBILITY AND RESPECT BECAUSE HE IS BEING EXPOSED TO A WHOLE NEW KIND OF LIFE. HE IS ADAMANT ABOUT NOT GOING HOME, BUT WANTS A RELATIONSHIP WITH HIS MOTHER & VISITS HER REGULARLY AND WHEN HE DOES HE HELPS HER AROUND THE HOUSE WITH WHATEVER SHE ASKS OF HIM. BY LAW DOES HE HAVE TO GO HOME??? AM I ENTITLED TO ANY COMPENSATION FOR PROVIDING FOR HIM THESE PAST MONTHS EVEN THOUGH I NEVER ASKED FOR IT NOR WANTED IT??? CAN HIS MOTHER ACCEPT CHILD SUPPORT WHEN SHE KNOWLING ALLOWED HIM TO STAY WITH US ALL THIS TIME AND HAS ONLY NOW BECOME ADAMANT ABOUT HIM RETURNING HOME??? SINCE HIS MOM CONSENTED TO HIS LIVING WITH US ALL THIS TIME CAN SHE DEMAND HE RETURN HOME??? WE NEED AN ANSWER TO THIS ASAP!!! ANY HELP YOU PROVIDE IS GREATLY APPRECIATED!!!

[Mr. Knowitall]

Florida's emancipation laws are peculiar, in that the petition must be brought by the minor's parent or guardian. If the mother won't file the petition it doesn't appear that he could emancipate. But....

Given that he will soon be 17, his mother threw him out of the home, he has an appropriate place to stay, and his mother is fully aware of where he is living and has acquiesced to the situation for many months, the police and courts may be reluctant to try to force him to return home.