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Emancipation- please read Florida

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  • Emancipation- please read Florida

    've been researching emancipation for the past year and a half , and I'm finally filing for it next year at the end of April. I'm pretty sure, I will be able to prove that I can not only support myself financially, but show that I will be better off without being in the home. I really would only like answers from people who have been emancipated, but you can also answer if you absolutely know what you are talking about.
    Things I need to know:
    - Grounds you used to do emancipation
    - The process
    [set-up of the hearing; how they do it]
    - If one parent MIGHT contest it
    [although has a record of abuse claims against him/her which I will NOT bring up; simply mention as a fact.]
    - Likelihood of being emancipated
    - What they really base it on
    - Tips on what I should do in the process of emancipation
    - How long I have to move out of the parent's home if granted
    - How long it would take to be accepted, and how long it takes to go in effect

    - Would it be granted if you present that:
    + Moving to another city
    + Job secured [with hypothetical figures to show how I would support myself]
    + Proof of transportation
    + Apartment secured
    + School shown that I would attend
    + All research done in regards to moving, every single detail mapped out
    + Very mature
    + Seeking in the best interest of education; environment at the current house conflicting with successfully finishing school- to fullest ability
    + Letters from guidance counselors, people worked for, etc. saying what they see the situation as from the outside, and agreeing that emancipation would be best for me (in their own words of course)
    + Held a job before
    + Been in boarding school {proof of ability to budget- including letter from woman in charge who has seen me deal with the money I made}
    + Has had previous arrests, juvi time, but all in relation to problems with the issues in the house. Runaways on record, but completing last year of high school which is beyond doubt that could be done as well if I were not on my own.

    I will be 16 when filing.
    Please, if you do not have this information, do not bother to ask if I have other alternatives. Like I said previously, I have been researching this and every other option there was available to me [which most is not possible]. I do realize that going out into the world, on my own will be one of the most difficult things a person can do, and I do realize that I will be either working or at school and will have not much time for anything else in order to support myself.

  • #2
    In the state of Florida, the ONLY way you can be emancipated (and it's not certain even with this) is if YOUR PARENTS file the petition. Will they?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      And you don't prove that you will be able to support yourself. You show the court that you ARE currently supporting yourself OR that you have the income to support yourself and that it is ONLY the parents' interference with your finances that is keeping you from doing so (think professional athlete, successful actor....)

      As CBG told you, you don't get to file for anything. In FL, your parents or legal guardian, and only your parents or legal guardian, must file for you.

      Even if you parents were willing to file the petition for you, this right here:

      + Has had previous arrests, juvi time, but all in relation to problems with the issues in the house. Runaways on record, but completing last year of high school which is beyond doubt that could be done as well if I were not on my own.
      is going to be a huge, almost insurmountable, obstacle.

      There are other issues with your list that you have provided, but those two things are the first thing a judge will look at and have ample grounds to deny the petition, assuming of course, that your parents file for you.

      And yes, one parent can can absolutely disagree with the filing and unless there is proof (legal proof, btw, not just you or your parent stating that the other parent was abusive at some point in the past) that that parent is a danger to your well being, the petition has close to 0% chance of being approved.
      HOOK 'EM HORNS!!!
      How do you catch a very rare rabbit?
      (unique up on him)
      How do catch an ordinary rabbit?
      (same way)

      Comment


      • #4
        Originally posted by mommyof4 View Post
        And you don't prove that you will be able to support yourself. You show the court that you ARE currently supporting yourself OR that you have the income to support yourself and that it is ONLY the parents' interference with your finances that is keeping you from doing so (think professional athlete, successful actor....)

        As CBG told you, you don't get to file for anything. In FL, your parents or legal guardian, and only your parents or legal guardian, must file for you.

        Even if you parents were willing to file the petition for you, this right here:



        is going to be a huge, almost insurmountable, obstacle.

        There are other issues with your list that you have provided, but those two things are the first thing a judge will look at and have ample grounds to deny the petition, assuming of course, that your parents file for you.

        And yes, one parent can can absolutely disagree with the filing and unless there is proof (legal proof, btw, not just you or your parent stating that the other parent was abusive at some point in the past) that that parent is a danger to your well being, the petition has close to 0% chance of being approved.
        Yes, my mother would file. And what if the other parent knows, but just doesn't show up at the hearing. In regards to the juvi, etc. It was never major things. Just things in regard to problems caused in the home. There is a direct connection due to problems in the home in relation to grades in school. There have been claims of abuse recorded, but I do not wish to get into that at the court because they may just dismiss it to DCF, whom does absolutely nothing correctly over here. May you tell me all the issues that you see in my post, because I would like every little kink worked out before I go before the judge. Well, I can't exactly prove that I am supporting myself now because I am living at the house here. But, I can show that I am holding down a job, going to school, bought my own car, bought and paying for my own phone, buying my own food, with money still for court fees, lawyer fees, and deposit/ first month rent of apartment. I would have another- higher paying job secured, seeing as I have gotten the emancipation. Also, do you think the fact of boarding school would be helpful or hurtful?- and helpful in which ways. I would do anything it takes to make it work, all I need is for others like you to tell me where the judge would see unfit, and now that you've told me why it ISN'T possible, then can you give me some tips on how to fix it so that it is?

        Comment


        • #5
          If the other parent does not contest you should be fine with filing
          http://www.parentnook.com/forum/

          Comment


          • #6
            Originally posted by panther10758 View Post
            If the other parent does not contest you should be fine with filing
            Even if the other does not show up to the hearing? And what are my strongest points should I argue in my favor? Also, what is the main purpose I should list as reason for granting of emancipation so I can catch their attention right away and not be pre-judged as the classic stereo type {Immature teen wanting to leave home because they do not agree with parent's rules, Wanting to live with boyfriend/girlfriend, Pregnant and wanting to move out, Case of abuse that can easily just be handed over to foster system..
            Last edited by NiaSweetz; 09-29-2008, 11:31 AM. Reason: bleh, added more.

            Comment


            • #7
              If you feel emancipation is in your best interest why would you need us to tell you what you should tell the Judge as your reasons are?

              Comment


              • #8
                Originally posted by FlyinHawk View Post
                If you feel emancipation is in your best interest why would you need us to tell you what you should tell the Judge as your reasons are?
                because i need to know how to be able to let the judge
                see what I see
                and I want to know how to strengthen my grounds for emancipation
                -what a judge would listen to
                - what a judge would not listen to
                also, how the process goes.

                Comment


                • #9
                  You and your mother need to consult with a local attorney who will be able to answer all of your questions.
                  You can get a low cost consult by calling the FL Bar Lawyer Referral Service at 1-800-342-8011.

                  Comment


                  • #10
                    Originally posted by xena View Post
                    You and your mother need to consult with a local attorney who will be able to answer all of your questions.
                    You can get a low cost consult by calling the FL Bar Lawyer Referral Service at 1-800-342-8011.
                    thank you. you don't happen to know anywhere with free consultation?

                    Comment


                    • #11
                      This board does not do referrals. Take what you've already got.
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                      Comment


                      • #12
                        No one here can honestly take a guess at your chances of emancipation unless and until you explain WHY you feel you need to be emancipated. The court will only remove the disabilities of a minor if it is in the child's best interest. You asked what you should put as your main reason for filing emancipation. You tell us. We have no idea why you feel you would be better off outside the home.

                        Your wish to "not get into that at the court" regarding your juvenile record is foolishly naive. You don't get to hide your arrest record from a judge. You will be asked if you have ever been arrested, and you cannot say "I don't want to get into that." You and your mother have to answer and explain the record, or face purjury charges. It's not a choice.

                        You can file if the other parent does not CONSTEST, but your mother would be required to legally serve your father with a petition regarding the emancipation, and needs to ba able to prove such a thing (she cannot just say he didn't show up, she has to pay a process server and have him SERVED).

                        Comment


                        • #13
                          Originally posted by MomofBoys View Post

                          Your wish to "not get into that at the court" regarding your juvenile record is foolishly naive. You don't get to hide your arrest record from a judge. You will be asked if you have ever been arrested, and you cannot say "I don't want to get into that." You and your mother have to answer and explain the record, or face purjury charges. It's not a choice.
                          If you had read carefully, I said I did not want to get into the ABUSE in the court, giving them an easy entry to handing the case over to DCF. I have no problem discusing my juvenile record. Read and understand before you pass judgement.

                          Comment


                          • #14
                            Doesn't change the answer.

                            Emancipation is very rarely granted. You don't have to tell us anything you don't want to, but you have to tell the judge anything he wants to know. You may not be emancipated anyway, but you definitely won't if you refuse to answer the questions he poses to you.

                            If you're not willing to answer the questions, then don't apply. That's the only answer there is.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                            Comment


                            • #15
                              Originally posted by NiaSweetz View Post
                              If you had read carefully, I said I did not want to get into the ABUSE in the court, giving them an easy entry to handing the case over to DCF. I have no problem discusing my juvenile record. Read and understand before you pass judgement.
                              Yes, it happens that someone misreads a post, so forgive me. Why that would provoke a nasty response like this one is proof that you are not as "mature" as you claim.

                              First off, it's judgment. And even if you HAD spelled it correctly, maybe YOU should read and understand yourself. I passed no judgment whatsoever on you, and additionally, you did not answer the question at hand, which was, WHY do you think you need to be emancipated?

                              Also, the answer remains the same regarding the abuse. A judge will want to know if there is abuse in your home when applying for emancipation, and you have no choice but to talk about it. The idea that you can "not get into that in court," regarding any matter, is, as I said, foolishly naive. It's not a choice. According to you, these were recorded instances of abuse. What makes you think a judge will not find that relevant?

                              The idea that your juvenile record was never for "major things" is also naive. This is relevant, and will make it exceptionally difficult for you to convince a judge that you are mature enough for emancipation. What was it? When? You are vague here. That is not an option in court, and no one here can tell you what to expect if you only give limited details.

                              Emancipation is not given to those who want it. It is given to those who need it. You have posted nothing to indicate that you need it.

                              THIS is the response of a bratty teenager.

                              Comment

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