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Understanding the Emancipation Process In Florida

You might be wondering how the emancipation process works in Florida. Minors can legally separate themselves from their parents if they are sixteen years of age or older. But what are the officially recognized reasons that a court allows as a basis for emancipation?

Specific purposes or broad emancipation

It’s important to know that a child sixteen years of age or over can be emancipated for very specific purposes, such as donating blood or an unwed mother deciding to give her consent for medical care. However, emancipation can also be very broad, in which the child would be considered a legal adult for any purpose. Is the minor enlisted in the military and/or married? These are valid reasons for emancipation.

What will need to be proven?

Emancipation can only take place if specific requirements are met:

  • The minor is at least sixteen years of age
  • The child is living away from home, or will soon be doing so
  • Ability to make reasonably competent decisions
  • Adequate school attendance

Statutory law and child support

Florida’s statutory laws might prohibit full emancipation of someone 18 years or older if they are suffering from a physical or mental disability, which would legally prevent them from being able to make decisions for themselves. If someone is eighteen or nineteen years of age and will be graduating high school by age 19 then child support is required by law.

Retain an expert

You’ll want to retain an expert, since emancipation laws can widely vary by state.

If you have any questions at all, please contact us.