What is Emancipation?
In Florida, the definition of legal emancipation is the formal procedure that allows a minor to obtain the legal status of an adult. There are certain circumstances where Florida’s courts will potentially recognize a minor’s request for emancipation. Essentially, the purpose for emancipation is to relieve parents or legal guardians of legal responsibility for a minor at an age less than 18 years. The element of consent is critical for emancipation if it is accomplished in court.
An individual under the age of eighteen (18) may petition the Circuit Court in their county of residence for a Declaration of Emancipation from Non-A parental Care , provided all statutory and procedural requirements are satisfied. The statute that governs emancipation in part is Florida Statute §743.01. The notice of the petition for emancipation must be served on the parent or legal guardian by hand (personal service) at least 3 days prior to the hearing.
If the minor is living independently from parents or guardians, this minor must have the legal capacity to enter into contracts. (Florida Statute §743.07). A court may ask for verification in the form of a notarized letter or a voluntary slip of emancipation from the parties responsible for the minor. The minor must prove that their decision is voluntarily made and that any dependency upon a parent or guardian or frivolous claims of independence for emancipation purposes will lead to the denial of an emancipation request.
Who Can be Emancipated in Florida?
Before a minor can petition to be declared legally emancipated, he or she must meet several criteria. The minor must be at least 16 years of age (some counties will accept minor petitioning at age 15) and have been a resident of Florida for at least six months prior to petitioning. There is no requirement that the minor be a U.S. citizen; noncitizens may also petition for legal emancipation as long as all other requirements are met. For emotional and practical reasons, some court clerks may refuse to allow minors to file an emancipation petition. However, if a parent or legal guardian accompanies the minor, the court clerk must file the petition in accordance with the law. The minor must also be living apart from his or her parents or legal guardian. For example, if the minor is residing at home against his or her own will or chooses to travel out of state on an extended vacation, he or she would not qualify. However, simply living away from parents or legal guardians due to divorce, separation, deployment, or other legal or family circumstances would qualify.
How to File for Emancipation
To file for judicial emancipation in Florida, a child, who is often represented by an attorney, must meet with the Clerk of the Circuit Court and fill out a petition. The petition and supporting documents are then filed with the Clerk in the county where the child lives or is present. It is the petitioning child’s duty to gather certain information and file the necessary documents with the Clerk’s office.
The following legal documents are typically required:
Step 1 – Emancipation Petition
The child must file a completed Emancipation Petition (Form 12.947(a)), which requires at a minimum: the child’s name, address, and telephone number; the child’s age, date of birth, and birthplace; personal information regarding the child’s mother (name, address, telephone, etc.); personal information regarding the child’s father; the child’s request that the state recognize their emancipation; all legal documents showing a change in the child’s name, if any; and, all other legal documents affecting the child’s status. The child must sign and date the petition under oath, and return a copy of the petition to their parents or legal guardian.
Step 2 – Notice of Hearing
After the Emancipation Petition has been finalized, the child must notify their parent/guardian and the Judge assigned to the case regarding the judicial proceedings. The child also needs to schedule a hearing date with the clerk and provide the parent/guardian with a Notice of Hearing (Form 12.947(b)). A copy of the petition must be included with the notice.
Step 3 – File Memorandum of Emancipation Form
Once the court grants the Emancipation Petition, the child must file a Memorandum of Emancipation (Form 12.947(c)). The documents mentioned above must be completed and returned to the Clerk of the Circuit Court.
Rights of the Emancipated After Filing
An emancipated minor no longer needs permission to enter into contracts or get medical treatment. The minor can sue or be sued in civil court, buy real estate, and borrow or lend money. In addition, an emancipated minor is no longer required by Florida law to attend school, as a typical minor would be.
If the emancipated minor enters the military, he or she is entitled to the same medical care as any adult, however, whether the emancipated minor chooses to receive medical care abroad is up to the individual’s discretion. Freed of the legal ties with their parents or guardians, emancipated minors are responsible for their own debts, and thus have the ability to file for bankruptcy without parental permission .
However, emancipation does not release parents from obligations they have for their children, such as child support and alimony. If the emancipated minor lives apart from his or her parents, or is unable to support him or herself after the emanicpation, the parents are relieved of their financial obligations to that child.
An emancipation ruling is not valid outside the state in which it is granted. Since there is not yet a national standard for emancipation, even an emancipation ruling from Florida is unlikely to be honored in another state.
Obstacles and Considerations
Emancipation is not a decision to be made lightly or in haste. While emancipation is a viable option for some, for the majority of teens, remaining with parents or guardians is the wiser individual course. There are many considerations that minors should give serious thought to before filing a petition for emancipation. These include social and emotional concerns, financial issues, and other legal implications.
As we mentioned, emancipation may not be a panacea. Minors who cannot make decisions, who don’t know how to support themselves and live independently, or who are undergoing severe emotional and psychological issues may not be ready to live an independent adult life. Even for those who think they are prepared, there is still a good chance they will have difficulty adjusting to things like budget management, household chores, and job responsibilities. According to some experts, emancipation is best for those who are already doing many of these things and just need a little help. However, it does not take an expert to figure out that the average 13-, 14-, or 15-year-old has not yet lived long enough to establish a significant level of independence. As such, their decision to seek emancipation needs to be examined in that context.
Financially, a minor needs to be certain that they will be able to support themselves if they are awarded an emancipation before they petition the court to do so. For example, while they might be earning money working during the summer, getting full-time hours or finding employment year-round can be an entirely different experience. Beyond the ability to work, there are transportation and health insurance costs that may need to be addressed. A minor who is considering emancipation should also spare a thought for the fact that if they are awarded the emancipation, they will be solely responsible for any debts they incur. In some cases, this means taking on student loans. Would emancipation result in additional educational costs for a minor? Avoiding this scenario will require detailed preparation on the minor’s part.
It is also vital to understand if the minor has the legal capacity to enter into contracts because once a minor becomes emancipated, he or she is no longer considered a minor. Decisions on housing, education, transportation, and employment would be freed from their parents’ oversight. Naturally, however, that scratches the surface of why emancipation is a serious step.
In short, what you decide is best for you and your family may not be what you want or expect prior to the emancipation, and a Florida court could find you not to be financially stable and/or emotionally prepared when you petition for an emancipation. There is a substantial degree of responsibility involved in such a momentous move. Naturally, there are very serious legal requirements in an emancipation petition, and several exceptions to those requirements that could qualify a petition for failure to meet.
Before going through the emancipation process, consider seeking advice by consulting a knowledgeable family law attorney who is well-versed in Florida’s emancipation laws.
Legal Help and Information
While the courts do not appoint a lawyer in every situation, the presence of an attorney is beneficial. If you desire representation, seek out someone who is experienced in this area of law. Because emancipation is a relatively rare occurrence nowadays, family law attorneys may not have particular expertise in this narrow area. However, some do. They may be advertised as emancipation specialists or similar names . Start with your family law lawyer if you have one. Otherwise, you can search statewide or nationally for help via the FindLaw or Martindale-Hubbell websites. If you want to represent yourself, legal aid services may be able to help. Qualifying youth can retain a staff lawyer for services or get a referral to private attorneys who can provide free or reduced-cost assistance.