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Emancipation Process in the State of Flor- Ida

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Emancipation Process in the State of Flor- Ida What is a minor? A minor is anyone who is: This brochure was prepared by the Juve- • under 18 years old; nile Assessment Center of Lee County. It • has never been married; and is provided as a general overview of the Know the Law • has not been emancipated by the court. emancipation process in the state of Flor- ida. It does not apply to other states. It Emancipation is not intended as a substitute for legal What is the law on treatment of minors? advice. It is always best to consult with an attorney about your legal rights and A minor must have a parent or legal responsibilities in your particular case. If guardian to make sure they are taken you proceed with an emancipation peti- care of and take responsibility for the mi- tion, acting on your own behalf without an nor’s property and all legal actions on be- half of the minor. The parent or guardian attorney, you should be aware that the is required to provide housing, clothing, Clerk of Courts who files your petition and meals. The parent or guardian has does not provide legal advice as to how to the right to set rules for the minor, make prosecute your case. You will be respon- decisions on their behalf, and control the sible for completing each step in the minor’s earnings. A minor has the right to process. Also, be aware that the laws of protection and care from their parent or Florida are subject to change. This bro- guardian. A minor cannot be held respon- sible for most contracts or bring legal ac- chure was prepared based on 2007 Flor- tion on their own behalf. A minor may ida Statutes. It can be downloaded from consent to some medical decisions and the internet at www.swfljac.org/ may contract to borrow money for college. emancipation.pdf. Information for teens and parents on Juvenile Assessment Center of Lee County 2117 Dr. Martin Luther King Boulevard the emancipation of minors in Florida Fort Myers, FL 33901 Phone: (239) 344-5100 www.swfljac.org What is emancipation? How does a minor become emancipated? Emancipation is a process in which a The process for obtaining a court order to • If the parent(s) cannot be located minor gains all the rights and respon- emancipate a minor includes the following: and diligent efforts have been made sibilities of an adult. In Florida Stat- to find them, they may be served by ute 743.015 it is called “removal of • The youth must be at least 16 years of publication (published notices in the disabilities of nonage.” Emancipa- age and be a resident of Florida. newspaper). However, there are very specific legal requirements for using tion automatically happens in Florida • A petition must be filed by the minor’s this form of notification. when a teenager turns 18 or when parents or guardians to the Clerk of they marry. However, a minor can- Courts. There is a $255.00 non- • If the petition is filed by the parent or not get married without parental con- refundable filing fee due to the Clerk’s legal guardian, the court will appoint sent. Minors under 16 years of age office when the petition is filed. If there an attorney ad litem to represent the cannot get married even with their is no parent or guardian, the petition can minor child. The Petitioner will be responsible for paying for the attor- parents’ consent (except in certain be filed by a guardian ad litem. The peti- tion must show the court that the minor ney ad litem’s fees. cases when it is approved by the is independent, is able to support him- • After both parents and the minor con- court). Minors who are at least 16 self/herself, and is not dependent on sent to the petition, or if the non- years old may be emancipated early public benefits. The petition must dem- petitioning parent(s) has been served by a court’s order. An emancipated onstrate that emancipation is in the best with a summons, has failed to file a minor is given the status of an adult interest of the minor. written response, and a default has for the purposes of all criminal and • If the petition is not signed by both par- been entered against him/her, it is civil laws of the state and has all ents or is filed by a guardian ad litem, the up to the Petitioner to file a Motion rights and responsibilities of some- non-petitioning parent(s) must be served for Hearing. The court will then one 18 years old. They are free of by a summons, along with a copy of the schedule a hearing to consider the the legal control and custody of petition, through the sheriff’s office in the petition for emancipation. The minor, their parents and may manage their county where the parent(s) lives or the Petioner(s), and the attorney ad own affairs. However, their parents works. A separate fee is generally litem must attend the hearing. charged to the Petitioner by the sheriff’s are no longer required to provide for • If the judge agrees that emancipation office for this service. The non- them and they are no longer pro- is in the minor’s best interest, the petitioning parent(s) will have 20 days judge will enter an order removing tected by state laws on child abuse from the date they are served the sum- the disabilities of nonage. The minor and neglect. Emancipation does not mons to file a written answer to the sum- should obtain certified copies of the effect laws that restrict behaviors mons. If the parent does not respond to order to show proof of his/her eman- requiring a minimum age, such as, the petition, the Petitioner may file a Mo- cipation. drinking alcohol and voting. tion for Default with the Clerk of Courts. .
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