Legal Question in Family Law in Florida

Re: emancapation

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Until you reach the age of 18 and can make decisions on your own, you have to reside with the parent designated by the court as the primary residential parent. The only exception would be for that parent to agree to allow you to live with the other and the non residential parent being in accord with this decision.

Other than that, your only recourse is to file for emancipation with the court. It can be a costly process as outlined in an earlier question asked by another party.

Scott R. Jay, Esq.

Re: emancapation

There is no specific age. It's up to the court to find that your preference can be considered. However, the court will consider many other factors as well before deciding to modify custody. Your preference in modification of custody has nothing to do with emancipation.

Emancipation means that you have become an adult for legal purposes (after having petitioned and the petition granted). You would then be able to live where you want but your parents would not longer have a legal duty to support you or even house you.