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When Will the Courts Deny an Emancipation of a Minor Claim?

For most children, they wait out their formative years for the emancipation that occurs automatically at the age of adulthood – 18 years old. However, through the use of their state’s legal system, a minor below the age of 18 can seek emancipation from their parents to gain the legal rights of an adult. While there are a variety of valid and understandable reasons to do this, the courts have also set up somewhat of a bar to separate the real cases from the teenage tantrums.

However, just because a minor child has gone through the trouble of paying the court and filing fees, getting legal representation, and officially beginning the emancipation process doesn’t mean that it will be granted. Like with every legal decision, the court will carefully go over the facts of the emancipation case before deciding if it is the right decision for a minor. Minors should be aware that it is fairly difficult to become emancipated as a minor in Florida even with a pretty good reason, but if you believe you have a good case then you may want to consider these factors that could lead to your denial.

Age

Minors seeking emancipation need to accept that the younger they are, the bigger the chance that the judge will deny their claim. While a 17 year old may be close enough to be granted emancipation, the judge will be a little wearier if the child is still 12 years old and learning about the world.

Reason

If a minor wants emancipation, in most cases they have to a have a reason. This means that their parents are in some way abusive or they want to marry before the age of adulthood. There are not a lot of reasons that can convince the court that emancipation of a minor is necessary outside of those two reasons. If you come from a happy home, the courts really won’t consider emancipation unless there is some reason for it.

Parental Consent

Do your parent’s consent to the emancipation of their minor child or are they going to fight it? This can often make all the difference. If the parents agree that their minor child is ready to make their own decisions, then often the courts will agree. However, the court will need to look at the facts of the case much closer if the parent’s disagree with their minor child’s decision.

Is the Minor Child Still Supported by the Parents?

For minors seeking emancipation, age often isn’t the only deciding factor. Often it will greatly help a case if the minor can prove that they can support themselves on their own. This means that the minor is not living under a parent’s roof or has proof that they would be able to move out if they were emancipated. Furthermore, having a job that would allow the minor to pay their own way looks very good to a judge as well. However, minors should recognize that the courts will only acknowledge valid jobs. Making money through criminal or other shady means will only hurt your emancipation case.

Are You a Minor and Need Emancipation Help?

Are you a minor in the Boca Raton area that is considering emancipation? If you are serious about it, then contact us today to let us look over your case. If your parents are abusive or if you have financial means that they are taking advantage of, you shouldn’t just settle for it. Let the Law Offices of Ronald M. Zakarin look over your emancipation case and help you avoid any of the above issues that will result in the courts shutting down your emancipation claim.