Full question:
What can my brother do he is 15 years old and my mother has custody of him but there are to many fights at home because of her new boyfriend my brother wants to go live with my dad but my mom said she would call the police what can he do? And can i do anything to help him im 21and i live with my dad.
- 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. The petitioner must also submit a statement explaining why they seek an order of emancipation. 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).
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.
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.
