Legal Question in Family Law in Florida

emancipation or custody change for florida

I live in orlando florida orange county and am trying to figure out a way for my girlfriend to get legally emancipated from her parents, she has lived back and forth from her divorced parents for years, and has had to live at friends and other family members for long periods of time due to her parents kicking her out all the time. Both parents have severe anger issues (but can't be proved... i guess?) and both have physically abused her. She's fine with liveing with her grandma. We were told a while ago that nothing can be done unless there are visible marks of abuse on her, but one night her mother did abuse her on her neck and arms (clear visible marks!!) so my girlfriend called the police just like her social worker told her to but all they did was take statements and leave. She just wants to either be emancipated or live with her grandma (legally) and not be considered a runnaway and then sent to juvenile jail... just for being scared!!! I don't know what else we can do at this point? I am very worried that she is going to get very hurt one of these days, and school counsulars, social workers, and police, nobody is listening to us!! What can we do?


Asked on 12/20/07, 12:18 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: emancipation or custody change for florida

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You did not say how old your friend is. If she is old enough she can file for emancipation from her parents if one of the parents will agree. A petition is filed in court pursuant to Florida Statute 743.015. 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.

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.

Scott R. Jay, Esq.

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Answered on 12/20/07, 12:44 am

Re: emancipation or custody change for florida

The age of the girl is important, and, if the parent(s) agree the grandma could be her permanent legal guardian, assuming the grandma consents to it. Might be easier to sell than an emancipation, or a change of custody (sic).

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Answered on 12/20/07, 1:08 pm


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