Legal Question in Family Law in Florida

Re: living arrangments

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Florida law generally considers a 16 year old to be a child who is unable to decide where he or she wants to live. There are some exceptions including the filing for emancipation as set forth in Florida Statute

743.015 Disabilities of nonage; removal.

(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.

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Re: living arrangments

PART TWO -

(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.

If you want to seriously pursue this, I would suggest you consult an attorney to represent you in filing the required pleadings with the court.

Scott R. Jay, Esq.