Full question:
I am a Dutch and US citizen and have sent my son (also dual citizenship) to visit my mother in Florida for one month. Now he is saying that he doesn't want to come home to Holland and wants to emancipate himself to live with my mother. He is 15 and there are no problems at home other than the fact that my mother has a fancier life which he would like to live. Can he pull this on me? She's trying to help him. My big problem is that she does not believe in God and I am Muslim. He is already talking about going to have frivolous sex and I'm about out of my head over this.
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Florida
Answer:
Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. A child who is being supported by a relative is generally not considered emancipated, the child needs to be able to live independently and be self-sufficient. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand. Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. Generally, parental consent is required, except in cases of parental misconduct that causes the minor to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts.
Criteria for determining whether a decree declaring emancipation is in the minor's best interest vary among the states. However, common criteria include the minors' ability to support themselves financially, either currently or in the future; the minors are currently living apart from their parents or have made adequate arrangements for future housing; the minors can adequately make decisions for themselves; the minors are attending school or have already received a diploma; and the minors exhibit sufficient maturity to function as adults. Upon achieving emancipation, the minor thereby assumes the rights, privileges, and duties of adulthood before actually reaching the "age of majority" (adulthood). At that point, the minor's parents are no longer responsible for that child and, also, have no claim to the minor's earnings. During the court proceedings and before granting emancipation, the court considers, primarily, the best interests and level of maturity of the minor and confirms that the minor is able to financially support him or herself.
The age of majority in Florida is eighteen. In order to seek a court mandated emancipation, minors must submit a statement of "character, habits, income, and mental capacity for business, and an explanation of how the needs of the minor with respect to food, shelter, clothing, medical care, and other necessities will be met." In addition, minors must state whether they are party to any court action taking place in Florida or another state. Minors must also submit a statement explaining why they seek an order of emancipation. Parents must be notified of any such proceeding. The court then asks for any additional evidence to determine if the decree of emancipation is in the minors' best interest. If the order of emancipation is granted, the minor will have all of the rights, responsibilities, and privileges of anyone who has reached the age of majority (eighteen years of age).
A runaway is a minor who is reported missing because his\her whereabouts are unknown to the child's legal custodian, the circumstances of whose absence indicate that the child voluntarily left the care and control of his legal custodian without the custodian's consent and without intent to return. A runaway may include a minor in the company of another person or is in a situation the circumstances of which indicate that the missing child's or missing person's safety is in doubt, or a minor who is unemancipated as defined by the law of the state.
The following are Florida statutes:
787.03 Interference with custody. —
(1) Whoever, without lawful authority, knowingly or recklessly takes or
entices, or aids, abets, hires, or otherwise procures another to take or
entice, any minor or any incompetent person from the custody of the minor's
or incompetent person's parent, his or her guardian, a public agency having
the lawful charge of the minor or incompetent person, or any other lawful
custodian commits the offense of interference with custody and commits a
felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(2) In the absence of a court order determining rights to custody or
visitation with any minor or with any incompetent person, any parent of the
minor or incompetent person, whether natural or adoptive, stepparent, legal
guardian, or relative of the minor or incompetent person who has custody
thereof and who takes, detains, conceals, or entices away that minor or
incompetent person within or without the state with malicious intent to
deprive another person of his or her right to custody of the minor or
incompetent person commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A subsequently obtained court order for custody or visitation does
not affect application of this section.
(4) It is a defense that:
(a) The defendant had reasonable cause to believe that his or her action
was necessary to preserve the minor or the incompetent person from danger
to his or her welfare.
(b) The defendant was the victim of an act of domestic violence or had
reasonable cause to believe that he or she was about to become the victim
of an act of domestic violence as defined in s. 741.28, and the defendant
had reasonable cause to believe that the action was necessary in order for
the defendant to escape from, or protect himself or herself from, the
domestic violence or to preserve the minor or incompetent person from
exposure to the domestic violence.
(c) The minor or incompetent person was taken away at his or her own
instigation without enticement and without purpose to commit a criminal
offense with or against the minor or incompetent person, and the defendant
establishes that it was reasonable to rely on the instigating acts of the
minor or incompetent person.
(5) Proof that a person has not attained the age of 18 years creates the
presumption that the defendant knew the minor's age or acted in reckless
disregard thereof.
(6)(a) The offenses prescribed in subsections (1) and (2) do not apply in
cases in which a person having a legal right to custody of a minor or
incompetent person is the victim of any act of domestic violence, has
reasonable cause to believe he or she is about to become the victim of any
act of domestic violence, as defined in s. 741.28, or believes that his or
her action was necessary to preserve the minor or the incompetent person
from danger to his or her welfare and seeks shelter from such acts or
possible acts and takes with him or her the minor or incompetent person.
(b) In order to gain the exception conferred by paragraph (a), a person
who takes a minor or incompetent person under this subsection must:
1. Within 10 days after taking the minor or incompetent person, make a
report to the sheriff's office or state attorney's office for the county in
which the minor or incompetent person resided at the time he or she was
taken, which report must include the name of the person taking the minor or
incompetent person, the current address and telephone number of the person
and minor or incompetent person, and the reasons the minor or incompetent
person was taken.
2. Within a reasonable time after taking a minor, commence a custody
proceeding that is consistent with the federal Parental Kidnapping
Prevention Act, 28 U.S.C. s. 1738A, or the Uniform Child Custody
Jurisdiction and Enforcement Act, ss. 61.501-61.542.
3. Inform the sheriff's office or state attorney's office for the county
in which the minor or incompetent person resided at the time he or she was
taken of any change of address or telephone number of the person and the
minor or incompetent person.
(c)1. The current address and telephone number of the person and the
minor or incompetent person which are contained in the report made to a
sheriff or state attorney under paragraph (b) are confidential and exempt
from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2. A sheriff or state attorney may allow an agency, as defined in s.
119.011, to inspect and copy records made confidential and exempt under
this paragraph in the furtherance of that agency's duties and
responsibilities.
3. This paragraph is subject to the Open Government Sunset Review Act in
accordance with s. 119.15 and is repealed on October 2, 2011, unless
reviewed and saved from repeal through reenactment by the Legislature.
743.01 Removal of disabilities of married minors. —
The disability of nonage of a minor who is married or has
been married or subsequently becomes married, including one
whose marriage is dissolved, or who is widowed, or
widowered, is removed. The minor may assume the management
of his or her estate, contract and be contracted with, sue
and be sued, and perform all acts that he or she could do if
not a minor.
743.07 Rights, privileges, and obligations of persons
18 years of age or older. —
(1) The disability of nonage is hereby removed for all
persons in this state who are 18 years of age or older, and
they shall enjoy and suffer the rights, privileges, and
obligations of all persons 21 years of age or older except
as otherwise excluded by the State Constitution immediately
preceding the effective date of this section and except as
otherwise provided in the Beverage Law.
(2) This section shall not prohibit any court of competent
jurisdiction from requiring support for a dependent person
beyond the age of 18 years when such dependency is because
of a mental or physical incapacity which began prior to such
person reaching majority or if the person is dependent in
fact, is between the ages of 18 and 19, and is still in high
school, performing in good faith with a reasonable
expectation of graduation before the age of 19.
(3) This section shall operate prospectively and not
retrospectively, and shall not affect the rights and
obligations existing prior to July 1, 1973.
743.015 Disabilities of nonage; removal. —
(1) A circuit court has jurisdiction to remove the
disabilities of nonage of a minor age 16 or older residing
in this state upon a petition filed by the minor's natural
or legal guardian or, if there is none, by a guardian ad
litem.
(2) The petition shall contain the following information:
(a) The name, address, residence, and date of birth of the
minor.
(b) The name, address, and current location of each of the
minor's parents, if known.
(c) The name, date of birth, custody, and location of any
children born to the minor.
(d) A statement of the minor's character, habits, education,
income, and mental capacity for business, and an explanation
of how the needs of the minor with respect to food, shelter,
clothing, medical care, and other necessities will be met.
(e) Whether the minor is a party to or the subject of a
pending judicial proceeding in this state or any other
jurisdiction, or the subject of a judicial order of any
description issued in connection with such pending judicial
proceeding.
(f) A statement of the reason why the court should remove
the disabilities of nonage.
(3) If the petition is filed by the natural or legal
guardian, the court must appoint an attorney ad litem for
the minor child, and the minor child shall be brought before
the court to determine if the interest of the minor will be
fully protected by the removal of disabilities of nonage.
The attorney ad litem shall represent the child in all
related proceedings.
(4) If the petition is filed by the guardian ad litem or
next friend, service of process must be perfected on the
natural parents.
(5) If both parents are not jointly petitioning the court
for the removal of the disabilities of nonage of the minor,
service of process must be made upon the nonpetitioning
parent. Constructive service of process may be used,
provided the petitioning parent makes an actual, diligent
search to discover the location of, and provide notice to,
the nonpetitioning parent.
(6) The court shall consider the petition and receive such
evidence as it deems necessary to rule on the petition. If
the court determines that removal of the disabilities of
nonage is in the minor's best interest, it shall enter an
order to that effect. An order removing the disabilities of
nonage shall have the effect of giving the minor the status
of an adult for purposes of all criminal and civil laws of
the state, and shall authorize the minor thereafter to
exercise all of the rights and responsibilities of persons
who are 18 years of age or older.
(7) The court shall consider the petition and, if satisfied
that the removal of the disabilities is in the minor's best
interest, shall remove the disabilities of nonage; and shall
authorize the minor to perform all acts that the minor could
do if he or she were 18 years of age.
(8) The judgment shall be recorded in the county in which
the minor resides, and a certified copy shall be received as
evidence of the removal of disabilities of nonage for all
matters in all courts.
984.085 Sheltering unmarried minors; aiding unmarried minor runaways;
violations. —
(1)
(a) A person who is not an authorized agent of the Department of
Juvenile Justice or the Department of Children and Family Services may not
knowingly shelter an unmarried minor for more than 24 hours without the
consent of the minor's parent or guardian or without notifying a law
enforcement officer of the minor's name and the fact that the minor is
being provided shelter.
(b) A person may not knowingly provide aid to an unmarried minor who has
run away from home without first contacting the minor's parent or guardian
or notifying a law enforcement officer. The aid prohibited under this
paragraph includes assisting the minor in obtaining shelter, such as hotel
lodgings.
(2) A person who violates this section commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
