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I need information on emancipation and the process. Florida.

I need information on...

I need information on emancipation and the process.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

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Answered in 3 hours by:
3/14/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 505
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. Can you provide me a little more information about what you want to know about emancipation in Florida (e.g., the basic process, the requirements, do you have a particular situation you want addressed)? With a little additional information, I can provide you a response.

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To provide you some basic information, emancipation allows a person not yet 18 to petition the court for all the rights and responsibilities the law grants to an adult (one of 18 or over). A minor seeking emancipation must be at least 16 years old. To petition the court, the petition must be filed in the county in which the minor resides/lives and a variety of forms must be complete and submitted by the minor's parents or a guardian ad litem (someone appointed to pursue the minor's best interests): Civil Cover Sheet, Summons, Petition for Emancipation of Minor, Notice of Permanent Mailing Address, Statement of Responsibility. Examples of these forms can be found at this link: https://cvweb.clerk.leon.fl.us/public/clerk_services/online_forms/family_law/interactive/emancipation.pdf

Please note this link is for Leon County so if you were petitioning in another county you would just need to change the Leon County to the correct county of the minor's residence. To successfully petition for emancipation, you parents or guardian must be able to show the court that the minor is independent and able to support himself or herself (and any children if the minor is also a parent), a specific plan must be presented to the court for meeting the needs of the minor if the minor is not currently supporting himself/herself (e.g., how is the minor going to provide for food, clothing, shelter, medical care, etc.), that the minor does not depend and would not depend on public benefits, reasons why the minor needs (not merely wants) to be emancipated, and evidence must be provided that emancipation is in the best interest of the minor. If only one parent petitions, the other parent must be served with copy of the petition and has an opportunity to respond to support or oppose the petition. If the petition is filed by a guardian on behalf of the minor, both parents would be served and have the opportunity to respond.

I hope this helps. If you need additional assistance, please reply to this email. If this answers your question and I provided excellent service, I would greatly appreciate your 5 star rating at this time.

​Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Legal
Satisfied Customers: 505
Experience: Member at Keefer & Keefer LLC
Verified
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Customer reply replied 1 month ago
Alright, thank you for the information, I just needed some basic info since it's been impossible to find a comprehensive list or explanation.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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