Legal Question in Family Law in Florida
I have a rather odd case. I live in Ohio, but my girlfriend currently lives in Florida until the end of her current school year when she will be moving to Ohio to live with me. She is 17 and I am 18. The problem however, is that my girlfriend's father is rather mentally abusive and my girlfriend wishes to be emancipated. I am aware of how strict the Florida emancipation laws are, how they generally require a parent to file the form, but I was wondering if there was any exceptions in terms of abuse, even if it isn't physical. To highlight some of the abuse I will list a few things that I consider mental and emotional abuse: Her mother committed suicide when my girlfriend was 11 years old and the father brings it up to call my girlfriend "selfish like her mother" or just bringing it up to intentionally harm her, Forcing her to quit her job because he was punishing her, putting any and all housework on my girlfriend and her little sister but then claiming they have never done enough (this includes cleaning his bedroom and his bathroom), providing a very minimal amount of food (usually he goes out and eats himself, leaving them with nothing at home), various insults (I doubt this has much merit but I should say it). This isn't everything of course, but I feel this is plenty. Basically he runs their lives as slaves and intentionally makes them feel bad about themselves, not to mention not providing much care for them in terms of anything outside of basic means of shelter (I know this is a lot, but let's not forget he does that for himself as well). I was wondering if there was a way to get her away from her father early to one of two options: A. To move up to Ohio and live with my family and I, where she will be attending college and getting a job to help us provide for her OR B. To live with her grandmother, her grandmother would, of course, help provide for her, but this is the lesser option considering her grandmother may find it difficult to do so. Any answers are appreciated, thank you
-Dennis
2 Answers from Attorneys
First she does need his permission for emancipation. If she is working and can support herself she can be emancipated. However, from what I have read, she is living in a very abusive environment. I suggest she contact the Department of Family Services and have them investigate the matter. I would hate for her to leave and leave her sister there to shelter the burden of his abuse. If there is a family member that can take care of these girls, I suggest they petition the court to do so. He is only obligated to pay for her to go to highschool. Once she graduates he does not have to support her. The younger child however is entitled to child support is she is removed from the home. I suggest you have your girlfriend go downtown and speak to the Jacksonville Area Legal Aid office as to what she can and can not do. Good Luck.
She is 18 and legally an adult so she can do what she wants.
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