Legal Question in Family Law in Florida

I am 16 and my parents have agreed to have me emancipated. I am currently in adult ed to get my GED and will be enrolling in a RT program a.s.a.p. My step dad abused me and will be getting out of prison in February. I need to move out before than so I can be away from him and focus on school. I would like to know if I qualify for emancipation in Florida. My stepdad has agreed to pay for my apartment, I plan to get a job and I already have a roommate to help pay, also. I also have family that pays for my schooling so I am completely financially supported.


Asked on 9/10/11, 3:27 pm

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

In Florida, A �PETITION FOR EMANCIPATION OF A MINOR�, must be completed and

filed by the minor�s parent(s) or guardian. A hearing before the court is required. The petition must show the court:

1. That the minor is independent and able to support him or herself, and

his or her child, if any.

2. A specific plan for meeting the needs of the minor if the minor is not

supporting him or herself at the time of petitioning.

3. That he or she is not dependent on public benefits.

4. The reasons why the minor needs to be emancipated.

5. Evidence that the removal of disabilities of nonage is in the best

interest of the minor.

My advice: discuss with your parents the reasons for emancipation. There are few benefits and considerable disadvantages. Living apart from your parents or pursuing education does not require that you be legally emancipated. Although emancipated, you are still subject to same age restrictions regarding consumption of alcohol, voting, etc, and lose any support from DCFS. At 18 you will be emancipated anyway.

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Answered on 9/10/11, 5:29 pm


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