Emancipation
When a minor feels he or she would be better off away from the control of parents or guardians, he or she may petition for emancipation. Emancipation is a term to describe the legal recognition of a minor as an adult and one who is free from the control of parents or guardians before the age of 18. A minor can only petition for emancipation in a court of law and must provide a convincing argument that emancipation is indeed the best course of action.
If you are considering emancipation, it is important that you speak with an attorney. Contact the Fort Lauderdale family law attorneys of Eric N. Klein & Associates, P.A., at 561-353-2800 for a free consultation.
Requirements for Emancipation
After petitioning for emancipation with a statement addressing the minor’s character, education, income, and plan for supporting his or herself, the court will make a decision. In the state of Florida, the following conditions must be met in order to be granted emancipation:
- At least one legal guardian must initiate the petition to emancipate
- Both the guardian(s) and the child must retain legal council to ensure both parties have proper representation
- If one of the guardians is opposed to emancipation, he or she must retain a lawyer
After the hearing, the court can grant emancipation if they feel it is in the best interest of the minor and will therefore give the minor the status and responsibilities of someone who is 18 years of age or older.
Contact Us
You do not have to go through this experience alone. Contact the Fort Lauderdale family law attorneys of Eric N. Klein & Associates, P.A., at 561-353-2800 to discuss your legal options.
