An Introduction to Emancipation in Florida
Emancipation in the state of Florida is a legal process through which a parent or guardian relinquishes parental rights, and allows a minor child to become legally independent. This process essentially functions as a declaration of maturity, wherein the minor is no longer subject to the authority of her or his parent until they reach the age of majority under Florida law, which is 18 years old. However, while emancipation is a process, it is also a status within Florida’s judicial system; emancipation does not occur automatically at the age of majority.
In Florida, there are various grounds for seeking emancipation. A minor may seek emancipation from her or his parent or guardian if he or she is "of sufficient intelligence understanding to choose for himself." Further, s/he must be either in the military, married, or a parent. Since emancipation is only available to Florida residents, any minor emancipated under these laws must reside in the state of Florida.
Generally speaking, Florida courts only grant temporary emancipation. Temporary emancipation is not permanent; minors who wish for their emancipation to last beyond 18 years must file for emancipation again. Normally, minors who wish to be emancipated must have the consent of her or his parents. If the parents do not consent to emancipation , then they have the right to contest the process.
Although emancipation terminates a parent’s obligation to provide for his or her minor child, it does not terminate the relationship between these parties. Parents are typically relieved of their financial obligations to their child after emancipation. This relief may or may not extend to college expenses.
Minors are sometimes granted limited emancipation. Limited emancipation may occur until the child reaches the age of majority. The court recognizes that many minors, often age 15 or 16, want to escape the "overbearing" parental supervision and restrictions that many parents impose on their children. Limited emancipation can only last for one year; there is no extension of limited emancipation under Florida law. Further, minors who are granted limited emancipation are usually subject to strict guidelines; for example, the court may only grant limited emancipation if the minor completes schooling, works full time, is not pregnant, and can demonstrate that appropriate money management skills. Essentially, under limited emancipation, a minor may enjoy independence from his or her parent without having full control of his or her actions.
Who is Eligible for Emancipation?
While there is no formal age set by Florida law, if a minor goes to their county clerk of court and requests emancipation, then a petition for emancipation will be filed. The process includes filing a petition with the circuit court, paying a filing fee, and attending a hearing. The minor also has to serve notice to their parent or guardian, and the other required parties. Even if the minor is the only one involved in the case, the minor must follow the rules of civil procedure, and comply with all of the requirements set forth by the Florida Statutes.
In general, a minor must be at least 16 years old and reside in the state of Florida in order to file a petition for emancipation. Parents can ask that the court not allow emancipation, but the court will normally grant the request for emancipation unless one of the parent(s) or a guardian shows that it is not in the best interest of the child. All minors who desire to emancipate must file for the emancipation with the local county court.
To qualify for emancipation, the minor must:
• be sixteen years of age or older (and have been a state resident for at least 6 months),
• be a resident of the state of Florida,
• not become married prior to emancipation, and
• prove that emancipation will be in their own best interest.
The Process of Becoming Emancipated
In Florida, the legal process of emancipation is quite formal and requires the submission of specific documents and the time spent in front of a judge. The Florida statute dealing with this process states that a minor can petition for emancipation as long as they are 17 years old or older and have been a resident of Florida for at least six months.
The first step in the emancipation process is to file the petition in the family court in the county in which you reside. Once the petition has been filed, the court will set a hearing date. At the hearing, the judge will review the petition and will usually make a determination at that time. If the judge needs further information, a second hearing may be scheduled.
There are several items that must be included in the petition in order for the judge to consider granting emancipation:
Once the petition hearing is scheduled, the minor must provide the documents mentioned above to the court six days prior to the hearing. The "indenture of emancipation" will legally end the parent/child relationship, so it’s not recommended that minors attend the hearing unrepresented. While a lesser amount of proof is required, an attorney is needed to properly represent the minor in the hearing.
Rights and Obligations After Emancipation
Upon successful emancipation under Florida law, the minor is legally considered to be an adult. The emancipated minor may fully exercise their legal rights and responsibilities just as any other adult would. This includes executing contracts, managing their own financial affairs, owning property, and making medical decisions independently of parental consent. These newly acquired rights also extend to criminal jurisdiction, with the emancipated minor no longer treated as a juvenile in criminal matters. However, there are limitations that may still apply even after emancipation. For example, the emancipation may not immediately grant all such rights. Certain rights may be restricted until the minor actually reaches the age of adulthood. Additionally, some rights are inherently restricted. Even as an emancipated minor, certain rights – such as the right to vote and the right to purchase alcohol – remain unavailable until adulthood as a matter of law. The emancipation also allows for the legal management of the minor’s financial accounts. Once the court has officially recognized the emancipation, the minor is able to open a checking or savings account independently. This also allows for the minor’s ability to enter into a rental or lease agreement for an apartment, condo, or house. The practicalities of the emancipation itself allow the minor to manage longer-term expenses such as rent and utility bills. The safety concern that often drives the petition for emancipation may likewise see some resolution. Depending on state, the minor may now have the right to request and receive a change of address from the local law enforcement agency. Moreover, the exigency of the emancipation can cut either way, and the minor may be able to apply for a protection order either against the parents or other family members. This right is universal in all states. More commonly, the emancipated minor may be able to receive government benefits independently, including for housing and food. Perhaps the most important right is also the most obvious: the right of the emancipated minor to choose their own place of residence and lifestyle apart from the parents or guardians. The emancipated minor is free to attend school of their choosing, pick their friends, and pursue their own life independently.
Advantages and Disadvantages of Emancipation
The process of emancipating a minor is not without some potential upsides and downsides. It is, after all, a serious legal step to take.
The Florida Bar, in 2017, published an informational pamphlet on the emancipation of a minor. Within the pamphlet, the reasons for and against emancipation are briefly discussed.
Some of the advantages of being an emancipated minor are:
•The emancipation of a minor will likely allow you to move out of your parent’s or guardian’s house.
•An emancipated minor can enter into a binding employment contract, although the usual safeguards designed to protect an adult do not necessarily apply.
•An emancipated minor can work, travel abroad, start a business, sign a lease agreement, open a bank account and buy life, health and auto insurance without the parental consent that would otherwise be necessary.
•In some cases, an emancipated minor can apply for college and scholarships and financial aid without a parent’s signature.
•An emancipated minor can consent to his or her own medical treatment, again, without parental consent.
•Finally, an emancipated minor has the legal ability to consent to adoption if that is the path you would like to take for a child in your care.
However , there are also some downsides to the process. For example:
•An emancipated minor is responsible for his or her own actions without parental consent or support.
•An emancipated minor runs the risk of terminating basic parental support in exchange for far less than would otherwise be the case.
•When applying for emancipation, the minor should be prepared to pay legal fees without parental assistance.
•Stability is often an issue, as an emancipated minor typically lives away from home indefinitely.
•A minor who gets pregnant while emancipated does not have the same medical insurance access as is the case with a minor under the care of a parent or guardian.
•An emancipated minor responsible for his or her own health care may be unable to make fully rational decisions on that front, if he or she does not have the basic knowledge that would come with an adult guardian.
•If a minor is preparing to emancipate, it may be better to stay in school to complete the basic education that is necessary to obtain stable employment.
•An emancipated minor must learn to manage lots of responsibilities. This is not always a basic part of adolescent life, even in the case of highly independent teens.
•Many young people have unrealistic expectations about what it takes to support themselves and be happy with their day-to-day lives.
Alternatives to Seeking Emancipation
The long-standing perception that Florida emancipation is a remedy for minors trapped in a violent or abusive home is slowly being replaced with a more pragmatic acceptance of the truth. There are no even moderately successful minor emancipation cases in Florida, for a variety of reasons. The most high-profile of these reasons has been the recent trend of how courts are handling complex child custody cases. This particular trend has resulted in the tinsy handful of minor emancipation cases in Florida being decided by a single family law judge. In addition, state statutes grant exclusive jurisdiction in juvenile division to juvenile judges.
If parents are physically, mentally or sexually abusing a child, they can always be reported to the Florida Department of Children & Families. Parents seeking emancipation for their minor-age child should investigate alternatives to emancipation, such as an expansion of the various child neglect and abuse reporting systems. Emancipation is not a frequently used term in child custody issues.
Child custody disputes are generally complicated affairs involving several issues and factors. There are often previous and/or ongoing domestic violence issues that must be addressed by courts. Should courts grant the family the right to live in peace away from the other half, or should the family unit be reunited? What happens to the children in the family unit, and how do judges negotiate the legal minefield of the past, present and future of each minor member of the family unit? Whether the parent of the minor child is a nurturing, caring, violent, abusive, neglectful person, the end result of going to court is that time passes slowly while litigation takes its course.
Courts decide which family is the nurturer or abuser, and which others are neglected or abused. Children do not have the power of choice or privacy, so specific circumstances of each individual child may not attack the root of the problem. Unfortunately, when children are placed separately from the parent, the unassisted parent receives temporary or permanent custody of the child; its no wonder that children want judicial family reunification. However, this is where the emancipation issue arises.
In every child custody dispute, there are alternative solutions to emancipation. These alternative solutions should be explored before judges damage entire family units.
Commonly Asked Questions About Emancipation
1. Q: Can a minor file for emancipation?
A: Yes, any Florida minor between 17-19 years of age can file for emancipation, with the exception of mentally incompetent minors.
2. Q: Do I have to hire an attorney to represent me?
A: There is no requirement that you have an attorney, but it is highly recommended that you consult a family law attorney before filing.
3. Q: Does my parent’s permission matter?
A: Although a parent’s permission is not required, if they oppose the emancipation, it can be difficult to successfully attain.
4. Q: How do I prove that I am able to support myself?
A: Beyond the basic proof of age and residency, and having a solid financial plan (i.e. a job, bank statement, etc.) of self-sufficiency, information regarding the petitioner’s state of mind are carefully reviewed and evaluated by the court.
5. Q: Will the judge consider what my parents have to say in their opposition to my emancipation?
A: Yes, the judge will take into consideration testimony from the parents, organizations, teachers, school counselors, and caregivers who have knowledge of the minor’s circumstances.
6 . Q: How long does the process take, exactly?
A: It can take anywhere from 2 weeks to 45 days to go through the entire emancipation process, including filing, waiting for the hearing, filing for a trial, and attaining a hearing, which includes the issuance of an order of emancipation.
7. Q: What are the chances of being emancipated if my parents are in agreement?
A: If all is in order due to approval by the court and is an informed decision, the chances are good for emancipation.
8. Q: What happens after my petition for emancipation has been granted?
A: Once a petition is granted, a Declaratory Statement of Recognition of Minor’s Emancipation Order will be issued, which will become a matter of public record. Therefore, a minor can clearly access the powers and responsibilities of emancipation.
9. Q: What happens once I turn 18?
A: At 18 years of age, all terms of the emancipation apply without further consultation of the court, as the automatic emancipation takes effect.
10. Q: Does emancipation include expungement of the minor’s juvenile criminal record?
A: A Florida juvenile record can be sealed or expunged under two key statutes, but only in the case that a petition for such is filed with the court. Emancipation does not automatically seal or expunge the records.