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JoeLawyer, Lawyer (JD)
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Experience:  Attorney in practice since 1996
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ARE YOU CONSIDERED EMANCIPATED IF YOU HAVE A BABY AT

Resolved Question:

I have a friend who is 17 years of age who became pregnant by her boyfriend. Her parents now do not allow her to see her boyfriend or let the boyfriend come see her or the baby. She wants to be able to continue the relationship with the baby's father but the parents won't allow it.
Submitted: 7 years ago.
Category: Legal
Expert:  JoeLawyer replied 7 years ago.
Emancipation laws vary by state. What state is she in?
Customer: replied 7 years ago.
The State that she is in is in Florida.
Expert:  JoeLawyer replied 7 years ago.

Hello Marlene:

Click here to see a good summary of emancipation law in Florida. According to Florida law, you are not emancipated by virtue of the fact that you have had a child. One must either reach the age of 18, get married (see 2006 Florida Statutes, Title XLIII, Section 743.01, here), or have a court declare you emancipated to be free of one's parental control. And, you cannot get married until you are 18 without parental consent.

To file a petition for a court order to become emancipated, the petition for emancipation must be filed by the minor's parent, guardian or guardian ad litem (see 2006 Florida Statutes, Title XLIII, Section 743.015, here).

So, unless the parents/guardians are in agreement, there is no way your friend can become emancipated until she turns 18 (at which time it happens automatically since she reached the age of majority).

However, the boyfriend has a legal right to see his child. See the 2006 Florida Statutes, Title XLIII, entitled Domestic Relations, Section 744.301 which can be viewed here, which provides that "The mother and father jointly are natural guardians of their own children and of their adopted children, during minority." So, the boyfriend is jointly entitled to be with the child and has a right to visitation and can seek to have this visitation enforced by court order if your friend's parents will not let him see his child.

I suggest contacting a family law attorney in Florida to see what other avenues might be available. You can find some Florida family law attorneys here.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

LEGAL NOTICE: I am only licensed to pratice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you.

JoeLawyer, Lawyer (JD)
Category: Legal
Satisfied Customers: 767
Experience: Attorney in practice since 1996
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