Although unfortunate, there are several situations in which a minor is better off left to their own accord, rather than under the influence or control of their parents. In other cases, a minor might be having a difficult time adjusting, and fervently insist on detaching from their parent’s authority. This legal separation of a minor from their parents is known as emancipation, and it does take place regularly in the United States. However, emancipation laws are governed on a state level, which means such limitations and regulations vary from state to state. Here in Florida, the laws surrounding minor emancipation are quite clear.
Continue reading to learn what you need know, whether you’re a parent or a minor.
When a minor is officially emancipated, they are legally deemed an adult under the eyes of the law. Therefore, they are permitted to conduct business on their own behalf, as well as, have a job, enter into contracts, and even go to jail if suspected of committing a crime. Once emancipated, they can lease cars, rent an apartment, apply for loans, enroll in school, and basically be bestowed all the privileges and rights as a typical adult.
Whether or not a minor can obtain emancipation depends on the state laws and the discretion of the family court. In some situations, emancipation requires the consent of the parents, while in others, parents have no say. Until a court officially grants emancipation to a minor, they remain under the full authority and responsibility of their parents or legal guardians.
Once a person turns 18 years old, emancipation becomes moot since they are officially a legal adult, and no longer under the control of their parents. In rare cases, such as death or abandonment, minors do not require a granted court order to be legally emancipated. Again, all emancipation cases depend on the unique circumstances of the family, state laws, and the court discretion.
Florida Minor Emancipation Laws
Here in Florida, a minor must be at least 16 years old to be granted emancipation. In this case, they would file a petition with the family court citing details on why they wish to be emancipated. It is wise to contact a Florida family lawyer who can help you better understand the process of emancipation, as well as some viable alternatives.
An Orlando Family Lawyer for Child Custody Matters
Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice regarding Florida child custody and related family matters. Family attorney, Shane T. Herbert, specializes in divorce, including collaborative divorce and child custody time-sharing. You can choose to have your first appointment over the phone or even video conference, if needed. If you choose an in-office visit, our Orlando family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking.