Emancipation in Florida

Generally, children do not acquire the rights and privileges of an adult until they reach 18 years of age. However, there are cases where a minor could be afforded the rights of an adult before their eighteenth birthday.

State laws vary regarding the emancipation of minors. However, under Florida law, a child’s guardian can petition the court for emancipation when the child is 16 years of age.

What Are the Laws in Florida for the Emancipation of a Minor?

Minors are automatically emancipated when they reach 18 years of age or marry. However, minors cannot legally marry in Florida without parental consent, even if they are emancipated, unless they have a court order allowing the marriage.

Florida Statute §743.015 sets forth the process for petitioning the court for emancipation or removing the “disabilities of nonage.” The statute provides the requirements and information that must be included in the Petition for Emancipation.

What Is the Process for Emancipation in Florida?

The Petition for Emancipation may be filed by the minor’s parents, legal guardian, or a guardian ad litem. A minor cannot file a petition for emancipation because they do not have the capacity to seek court relief.

The petition is filed with the Family Court in the county of the minor’s residence and must contain the following information:

• The minor’s name, address, residence, and date of birth
• The name, address, and location of the minor’s parents, if known to the petitioner or minor
• The name, location, date of birth, and custody arrangement for the minor’s children, if any
• A statement regarding the minor’s education, character, income, habits, and mental capacity for business
• An explanation of how the minor intends to provide for their medical care, clothing, shelter, food, and other needs
• Whether the minor is subject to or a party to a pending judicial proceeding and/or subject to a judicial order issued in that proceeding
• An explanation of the reasons why the court should grant the petition for the minor’s emancipation

The filing fee must be paid to the Clerk of Court with the filing of the petition. If both parents did not petition the court for the minor’s emancipation, they must be served with notice of the petition through Service of Process. If only one parent files the petition, the non-petitioning parent must receive notice through Service of Process.

When the natural parents or legal guardian files the petition, the court appoints an attorney ad litem for the child. The attorney ad litem represents the minor in the court proceedings.

The court sets a hearing on the matter. The judge will consider the petition and evidence received to determine whether emancipation is in the minor’s best interest.

The minor must be able to demonstrate how they can support themselves financially before the judge grants emancipation. The judge will also consider factors such as the minor’s ability to handle their own affairs, the minor’s maturity level, and the reason for requesting emancipation.

What Is the Effect of Emancipation?

A minor who is emancipated has the legal capacity to act as an adult. They control their affairs and can make decisions for themselves without consulting their parents or another adult. However, emancipation does not change specific laws related to the legal age to consume alcohol, purchase cigarettes, or vote in an election.

Emancipation also relieves the parents of any legal responsibility to care for or provide for the minor’s financial needs. Additionally, the emancipated minor loses the protection of the Florida Department of Children and Families.

Do I Need an Attorney to Petition for Emancipation in Florida?

Many Florida courts provide the forms necessary for petitioning for the emancipation of a minor. However, the emancipation process can be complicated. The court requires compelling and convincing evidence proving that emancipation is in the child’s best interest.

Therefore, it is best to seek legal counsel before beginning the emancipation process. Furthermore, a lawyer will explain the legal rights and responsibilities associated with emancipation to the parents and the minor. Understanding the consequences of emancipation is essential before you begin the process.

If a parent and child are struggling with their relationship, there could be other alternatives than petitioning the court for emancipation. For example, family counseling and therapy might help resolve issues driving the parties to consider the emancipation of a minor.

In some cases, changing custody or the terms of a parenting plan could be a solution to a family issue that is causing a teenager or parent to seek emancipation. Discussing your options with an Orlando family law attorney could be the best place to begin.

Contact Our Divorce Law Firm in Orlando, FL

Contact the experienced Orlando divorce lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803