Moving Out Emancipation of Minor
by Jessica from Florida
I'm 16 years old and have a baby. If me and her move out and my parents call the cops on me what would happen?
My parents say they could get custody of her is that true?
And would I be forced to go back home?
Would moving out of my parents home with my baby make me emancipated?
Answer to Family Law Question
You might want to consider filing a petition for
emancipation, but think hard and long because you will become a legal
adult and your parents will no longer have an obligation to support you.
EMANCIPATION IN FLORIDA
(Removal of disabilities of nonage of minor F.S. 743)
emancipated minor has the legal capacity to act as an adult, be in
control of his or her affairs and free of the legal control and custody
of his or her parents.
Emancipation does not change the effect of
certain laws, i.e. drinking and voting. Emancipated minors do lose the
benefits of their parents providing for them and the protection of
Department of Children and Families.
• A minor parent of a child
is not considered emancipated except to seek a child support proceeding
for the child, consent to the child’s medical care, consent to the
minor pregnant mother’s own medical care for her pregnancy; and consent
to the child’s adoption.
• To obtain emancipation, one must petition the court for an order of emancipation.
A minor under 16 years of age cannot get married with parental consent
unless the minor female is pregnant and a Judge approves the marriage.
In Florida, emancipation automatically occurs when a minor reaches 18
years of age or when they marry. However, a minor cannot get married
without parental consent.
Emancipation is the removal of disability of nonage.
In other words, emancipation is the act by which a person gains all the rights and responsibilities of an adult.
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.
Legal Advice and Florida Court Forms
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Page last updated 02/07/2015
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