Emancipation in Florida: What to Know
Under Florida law, the age of majority is 18. This means that people who have passed their 18th birthday are considered to have all the rights, privileges, and responsibilities of adulthood. Emancipation refers to the giving up of those rights by a court. It allows the court to issue an order on behalf of a minor so that she or he has full authority to make decisions without parental involvement or permission. The legal term for this is a "Judicial Declaration of Emancipation." If the court approves the emancipation order , it will set out the limitations of the emancipation. For example, the court could order the emancipation subject to conditions like that the minor must be attending school or working full-time.
Requirements for Emancipation
Understanding Florida Emancipation Requirements: A Comprehensive Guide
Eligibility Criteria for Emancipation
After meeting the requirements for filing a petition for emancipation, there are a few eligibility criteria that the minor must satisfy in order to qualify for emancipation in Florida. These non-statutory requirements include: First, the minor must already be living separately from their parents or guardians and, in fact, must have already demonstrated that they are capable of supporting themselves economically. Generally speaking, a minor who lives with relatives, non-relatives or in group homes is unlikely to be considered self-supporting or financially independent. In addition, as mentioned above, the minor must have the consent of their parent(s) or legal guardian in order for emancipation to be granted. In most cases, the parent’s consent is easy to obtain. However, if the court determines the parent has neglected their son or daughter, they are not required to sign the petition. Another factor that plays a role in whether or not a minor is eligible for emancipation is whether they are a dependent of the Department of Children and Families. A child who is already a ward of the state cannot be granted a petition for emancipation. Finally, a minor must be at least 17 years of age in order to be considered for emancipation. The only exceptions to the age requirement are for minors who have already been married, as well as those who have joined the military. In these rare cases, the minor could be as young as 16 and still qualify for emancipation.
The Emancipation Process in Florida
Once a minor has made the decision to seek a judicial declaration of emancipation, there is a specific procedure that must be followed to obtain this status. Florida Statute Section 743.015 requires that a petition for emancipation be filed in the circuit court in the minor’s county of residence. The petition must be signed by the minor and, if the minor is under 18 years of age, that signature must be verified through a sworn affirmation. In other words, the minor must affirm that he or she understands the rights and responsibilities of emancipation, as described in Florida Statute Section 743.014. The Petition must also include: The petition must be accompanied by an affidavit which must include: A minor who files a petition for emancipation cannot be represented by a public defender. However, an attorney can be appointed on the minor’s behalf if the court finds that he or she does not have sufficient financial means to obtain counsel. The court may not grant an emancipation order if it finds that granting it would be contrary to the minor’s best interest, and it cannot grant an order unless the minor has been offered the opportunity to seek legal counsel. Also, at least 20 days prior to holding the hearing, the court must require the parent or legal custodian to be served with the petition and notice of hearing on the petition. As the age of majority in Florida is now 18 years of age as defined in F.S. 1.01(3) any minor who is 18 or older may petition the court for emancipation without the consent of his or her parent or legal custodian, but Courts in the State of Florida have yet to publish there decisions on the petitions that they have been granted to emancipate a minor who is at least 18 years of age.
Involvement of Parents and Guardians
The process of seeking emancipation in Florida is not one that stands apart from the family context of the minor involved. Simply put, virtually all Petitions for Emancipation of Minor (Florida Statutes 743.015) require consent from a parent or legal guardian. A parent’s involvement may shape the extent to which the emancipation process can proceed, if at all. In other situations, a parent may forego their rights over a minor so that the emancipation will be granted. A parent or guardian must complete a "Consent to Emancipation" form that expressly states they voluntarily relinquish their rights under Florida law to their child. In this respect, the authorizing parent must do so freely and voluntarily, as Florida law has given parents these options. The consequences for a child seeking emancipation are significant. For example, if there is no parental consent, the minor’s petition will be denied. Even with consent, a court can issue an order of emancipation even if a parent or guardian objects to such a decision. These cases are fact specific, and the presence of a parent or guardian can allow the court to consider important family dynamics relative to the hardship faced by the minor. In some cases, a parent or guardian may actually join a minor’s petition for emancipation. This does not force a court to automatically grant the request, but it provides an important piece of information to a judge in determining whether emancipation is appropriate. If a minor has developed a grievance against a parent or guardian, the perception of the court may not be as favorable to the child’s request for emancipation. There may also be another reason for a court to deny emancipation, even with a parent or guardian’s consent – specifically, that the interests of a minor may be better served by allowing them to remain a minor while being granted other legal options to help address their circumstances. When such consent is given, another crucial issue for a minor seeking emancipation is who will be responsible for equipping the child with the necessary tools to submit the requisite forms and appear before a judge during the process. An emancipated minor cannot be represented by their parent, guardian or someone hired by either of them. Only legal counsel hired by the emancipated minor can speak on their behalf. Effectively, this leaves a child on the process of becoming emancipated entirely on their own, though filing the consent form may allow access to other legal aid clinics.
Legal Rights and Financial Independence After Emancipation
After emancipation in Florida, an individual gains not only independence from their parents but also a range of legal and financial rights and responsibilities. The trigger point at which these rights and responsibilities come into play is at 18, regardless of whether a person has been formally emancipated. For example, while still a minor, a child cannot enter into contracts on their own behalf. At 18, however, they have the right to be party to any agreement. That means they can sign a lease, take out loans, open credit cards, buy property and so on. So even if a minor is emancipated at the age of 16, they must still wait until they reach their birthday the following year to enter into agreements on their own behalf. In fact, Florida Statutes Section 743.07 dictates that an emancipated minor must be given full and unqualified emancipation, comprehensively severing legal parent-child ties. However , training and preparation for these responsibilities do not typically end at age 18. It was not uncommon in the past for a married couple to live rent-free in a family home as an incentive to get married. To some extent, this is still done. Likewise, even after turning 18, an emancipated minor may have few avenues to financially support themselves through work or other activities. Legal emancipation does not limit all parental control. It does not end parental custody rights, for example. Because of this, it is recommended that individuals who seek emancipation do so to the extent possible under the law, separating out those issues relating to custody. An emancipated minor is also immediately considered ineligible to participate in most government programs offered to children, like health care. However, the emancipated minor may be eligible for state and federal programs designed for low-income adults (including food stamps and Temporary Assistance for Needy Families).
Possible Obstacles
Although emancipation may appear to be a straightforward, economic issue for minors seeking financial independence from their parents or guardians in the absence of abuse and neglect, there are several significant challenges and considerations that must be taken into account prior to pursuing the process. For example, even if a minor satisfies the legal requirements for emancipation, the petition may be challenged or denied on the basis that emancipation is not in the minor’s best interests. Further, courts can determine whether the parents have provided adequate parental support and guidance, which would prevent the court from granting the termination of the parent-child relationship. Another factor that may weigh against emancipation is the child’s maturity. For example, mere age is not enough to constitute emancipation; the minor must be able to demonstrate emotional stability and responsibility. Further, a growing number of courts are placing a heavy emphasis on minor’s ability to care for him or herself, including making informed adult decisions that do not infringe upon the rights of others. If the minor is currently homeless or poses a threat of danger to himself or herself then emancipation will likely be granted; however, if these factors are not present, or if the minor is unable to demonstrate an understanding of family law issues, then the court may be unwilling to terminate the parent-child relationship. Finally, courts are also heavily focused on the economic independence of the minor in reviewing an emancipation petition. Even though Florida law requires that a minor be either "self-sustaining" or "supported by appropriate insurance benefits," courts have established a two-part test that the petitioner must undertake in order to demonstrate this requirement has been met. First, it must be established that an oral promise has been made by someone (usually a parent or guardian); and second, that the benefits given for the minor’s support were sufficient in amount. Only when it is the case that the petitioner has accomplished both parts of this two-part test will the court grant the petition for legal emancipation.
Legal Aid and Resources
While emancipation is a serious matter, it is also a legal process. As such, seeking legal help is strongly recommended. While the Florida Courts have made available a plethora of resources online, there is no substitute for personalized legal assistance for those under a legal disability seeking emancipation.
As an example , common questions include: How do I file the petition? Where do I file the petition? What if my parent or guardian challenges my petition? What will the court ask me at the hearing?
Florida law does not allow for the appointment of a public defender in these situations, but local legal aid agencies may offer free or low-cost help to help those in need. Emancipation is a complicated legal issue that cannot be left to chance, especially since the emancipation process bars the minor from suing, being sued, or ever having to do with family law matters under Florida law.