I'm sixteen years old I have a job that fully suports me and I would like to be able to get out of my parents house. My parents have had a small conflict with my boss and have decided that they are going to take away everything that I care about in life. I am still in school, and I am getting straight A's in college courses (I don't know if that helps my case any.) My parents are trying to force there religion on me and I do not want to have to deal with it any more. Is there any possible way for me to get emancipated.
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I'm 16 and unhappy with my living conditions can I become emancipated?
- Thread Starter kvob
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cbg
Super Moderator
In Florida, it is a requirement that YOUR PARENTS file the petition for emancipation. If they refuse, emancipation is not an option.
You are in school full time, studying hard enough to be getting straight As, and are still working enough hours to pay for rent, food, clothing, utilities, insurance, medical care, transportation, school fees and supplies, etc., etc., etc.?
You are in school full time, studying hard enough to be getting straight As, and are still working enough hours to pay for rent, food, clothing, utilities, insurance, medical care, transportation, school fees and supplies, etc., etc., etc.?
By the way yes I am doing all those things, and are you sure that there is no possible way to get emancipation even if you are in an emotionaly abuseive situation? There is not a sigle thing that I have done wrong (except trying to hard and getting to good of grades and working to hard) as far as my parents are conserned yet they think they have done a bad job at parenting me so they have desided to change everything in my life. I am not aloud to go to work I am not aloud to compete in the sport that I was in, and I am not aloud to see any of my friends any more or even make contact with them. Does that seem right? Along with all of this I am forced to go to church and speek with a spiritual guidelines counselor that is trying to tell me that working hard is a bad thing and I am doing everything wrong in life. So if there is anyone out there that knows a way for me to get out of this I would much apreciat it. I can't just run away or my parents have said they will call the cops. Help me!
cbg
Super Moderator
Here is the actual statute. Note the bolded portion:
Florida Statutes, Section 743.015 - Disabilities of nonage; removal.
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(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.
Florida Statutes, Section 743.015 - Disabilities of nonage; removal.
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(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.
mightymoose
Moderator
Your best option, if in an abusive situation, is to be placed in foster care.
army judge
Super Moderator
Think VERY carefully about emancipation. It, more often than not, creates problems greater than those you wish to escape. If you are not in a life or death situation, it might be better to go along to get along. In less than two years you'll be an adult anyway.
CdwJava
Moderator
Unless your parents are willing to go along with this, then it really does not matter.Thanks for the tips looks like my grandparents will let me move in with them
Are they agreeable to letting you live with your grandparents?
mightymoose
Moderator
Yep... even if you move in with your grandparents, your parents still have the same authority over you. The things you listed are well within the rights of your parents to control. This isn't anything out of the ordinary.
cbg
Super Moderator
That's fine; IF your parents agree.
Please pay careful attention: There are NO circumstances under which you can move out until you are 18 unless your parents agree or you are removed from the home by the state. Nothing in any of your posts suggests that the state will be interested in doing so.
Please pay careful attention: There are NO circumstances under which you can move out until you are 18 unless your parents agree or you are removed from the home by the state. Nothing in any of your posts suggests that the state will be interested in doing so.
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