Full question:
What is the procedure of getting emancipated and how long does it take?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Florida
Answer:
In Florida, a minor aged sixteen or older can seek emancipation through a circuit court. The process involves filing a petition by the minor's natural or legal guardian or, if none exists, by a guardian ad litem.
The petition must include:
- The minor's name, address, residence, and date of birth.
- The names and addresses of the minor's parents, if known.
- Information about any children the minor has.
- A statement regarding the minor's character, education, income, and ability to meet their needs.
- Details about any pending legal proceedings involving the minor.
- The reasons for seeking emancipation.
If a guardian or next friend files the petition, the court must serve notice to the minor's parents. The court will appoint an attorney ad litem to represent the minor if the petition is filed by a guardian or legal representative.
The court will review the petition and any evidence presented. If it finds that emancipation is in the minor's best interest, it will issue an order granting emancipation. This order allows the minor to have the legal status of an adult, enabling them to exercise rights and responsibilities as if they were eighteen or older.
Finally, the court's judgment must be recorded in the county where the minor resides, and a certified copy serves as proof of emancipation in legal matters (Fla. Stat. § 743.015).
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.