16 year old, pregnant, emancipation

[cgracela]

What is the name of your state (only U.S. law)? Florida

My little sister is 16 years old. She recently learned she is pregnant by a married 21 year old. Currently, she is receiving social security benefits due to her dad passing. The money is going to our mom and she is not willing to give my sister the full amount. My little sister has gone thru drug possession, alcohol poisoning, and sexual activities with married men under the care of our mother. I along with my older sister and my brothers are very disappointed in both our baby sister and mother. My older sister and I are trying to reason with our but she says she needs the money because she has no job. It doesnt make sense. My little sister is now living with me. I am 27 years old with two kids and in the Army. My intent is to put the money in her own savings so she can be financially stable and provide for her child. What do we need to do to get her emancipated?

 

[RRevak]

What is the name of your state (only U.S. law)? Florida

My little sister is 16 years old. She recently learned she is pregnant by a married 21 year old. Currently, she is receiving social security benefits due to her dad passing. The money is going to our mom and she is not willing to give my sister the full amount. My little sister has gone thru drug possession, alcohol poisoning, and sexual activities with married men under the care of our mother. I along with my older sister and my brothers are very disappointed in both our baby sister and mother. My older sister and I are trying to reason with our but she says she needs the money because she has no job. It doesnt make sense. My little sister is now living with me. I am 27 years old with two kids and in the Army. My intent is to put the money in her own savings so she can be financially stable and provide for her child. What do we need to do to get her emancipated?

http://www.vclawlib.org/new/research-feb-09/EMANCIPATION20IN20FLORIDA[1].pdf

 

[Just Blue]

What is the name of your state (only U.S. law)? Florida

My little sister is 16 years old. She recently learned she is pregnant by a married 21 year old. Currently, she is receiving social security benefits due to her dad passing. The money is going to our mom and she is not willing to give my sister the full amount. My little sister has gone thru drug possession, alcohol poisoning, and sexual activities with married men under the care of our mother. I along with my older sister and my brothers are very disappointed in both our baby sister and mother. My older sister and I are trying to reason with our but she says she needs the money because she has no job. It doesnt make sense. My little sister is now living with me. I am 27 years old with two kids and in the Army. My intent is to put the money in her own savings so she can be financially stable and provide for her child. What d get her emancipatedo we need to do to?

**************.

 

[cbg]

In Florida, if her parents or legal guardians will not sign the petition for her emancipation, she's licked before she starts.

Do you understand that emancipation does not mean "divorcing" her parents and going to live with someone else who will support her, but that an emancipated minor is expected to be able to completely support herself? Rent, utilities, food, clothing, medical care, transportation, insurance, staples, school fees and supplies, etc.?

ETA: The chances that a pregnant 16 year old with a history of drug and alcohol use will be emancipated, even WITH parental permission, are too low to be calculated.

 

[RRevak]

In Florida, if her parents or legal guardians will not sign the petition for her emancipation, she's licked before she starts.

Do you understand that emancipation does not mean "divorcing" her parents and going to live with someone else who will support her, but that an emancipated minor is expected to be able to completely support herself? Rent, utilities, food, clothing, medical care, transportation, insurance, staples, school fees and supplies, etc.?

From what i'm reading that's not entirely true in Fl.

Florida The age of majority in Florida is eighteen. In order to seek a court mandated emancipation, minors must submit a statement of "character, habits, income, and mental capacity for business, and an explanation of how the needs of the minor with respect to food, shelter, clothing, medical care, and other necessities will be met." In addition, minors must state whether they are party to any court action taking place in Florida or another state. Minors must also submit a statement explaining why they seek an order of emancipation. Parents must be notified of any such proceeding.

The court then asks for any additional evidence to determine if the decree of emancipation is in the minors'best interest. If the order of emancipation is granted, the minor will have all of the rights, responsibilities, and privileges of anyone who has reached the age of majority (eighteen years of age).

http://family.findlaw.com/emancipation-of-minors/selected-state-minor-emancipation-laws.html

 

[TheGeekess]

What is the name of your state (only U.S. law)? Florida

My little sister is 16 years old. She recently learned she is pregnant by a married 21 year old. Currently, she is receiving social security benefits due to her dad passing. The money is going to our mom and she is not willing to give my sister the full amount. My little sister has gone thru drug possession, alcohol poisoning, and sexual activities with married men under the care of our mother. I along with my older sister and my brothers are very disappointed in both our baby sister and mother. My older sister and I are trying to reason with our but she says she needs the money because she has no job. It doesnt make sense. My little sister is now living with me. I am 27 years old with two kids and in the Army. My intent is to put the money in her own savings so she can be financially stable and provide for her child. What do we need to do to get her emancipated?

Once emancipated, what makes you think the 16 year old is going to continue to receive SSA benefits meant for DEPENDENT MINORS?

 

[cbg]

Even under your interpretation, I stand by my assessment of the chances of a pregnant minor with the history described.

 

[Zigner]

From what i'm reading that's not entirely true in Fl.

Florida The age of majority in Florida is eighteen. In order to seek a court mandated emancipation, minors must submit a statement of "character, habits, income, and mental capacity for business, and an explanation of how the needs of the minor with respect to food, shelter, clothing, medical care, and other necessities will be met." In addition, minors must state whether they are party to any court action taking place in Florida or another state. Minors must also submit a statement explaining why they seek an order of emancipation. Parents must be notified of any such proceeding.

The court then asks for any additional evidence to determine if the decree of emancipation is in the minors'best interest. If the order of emancipation is granted, the minor will have all of the rights, responsibilities, and privileges of anyone who has reached the age of majority (eighteen years of age).

http://family.findlaw.com/emancipation-of-minors/selected-state-minor-emancipation-laws.html

The parent/legal guardian of the child is the one who files

http://statutes.laws.com/florida/TitleXLIII/chapter743/743_015

The mother or father would need to file the petition.

 

[RRevak]

Even under your interpretation, I stand by my assessment of the chances of a pregnant minor with the history described.

On that part we agree. I do know that FL is a bit different than many other states in their emancipation laws. Nowhere have I found anything stating the minor must be entirely self sufficient. For other states yes, but not here. BUT...its quite clear that the minor must at least demonstrate the mature ability to be found emancipated and with this girls history, I don't see anyone feeling her fit to be on her own.

 

[RRevak]

The parent/legal guardian of the child is the one who files

http://statutes.laws.com/florida/TitleXLIII/chapter743/743_015

The mother or father would need to file the petition.

Unless a GAL is appointed by the court in which case the parent/parents will be served and be given time to respond.

 

[Zigner]

743.015 Disabilities of nonage; removal.

(1) A circuit court has jurisdiction to remove the disabilities of nonage of a minor age 16 or older residing in this state upon a petition filed by the minor’s natural or legal guardian or, if there is none, by a guardian ad litem.

The GAL is appointed when there isn't a "natural or legal guardian" in the picture. In this case, there IS a natural guardian (ie: a parent)

 

[ecmst12]

Emancipation is not what this child needs. Sister needs to be granted custody and be named the payee for her SS benefits. For that, she needs a lawyer.

 

[tinaseals]

Unstable?

Why would you want to emancipate her if she's unstable? Seems to me you would do her greater benefit if you moved the state to appoint a conservator or other friend of the court to assist her with achieving her financial goals. This makes more sense seeing she has a baby on the way.

 

[OHRoadwarrior]

Because she is not entitled to receive SS dependent benefits, if she is not a dependent.

Why would you want to emancipate her if she's unstable? Seems to me you would do her greater benefit if you moved the state to appoint a conservator or other friend of the court to assist her with achieving her financial goals. This makes more sense seeing she has a baby on the way.

 

[LdiJ]

Emancipation is not what this child needs. Sister needs to be granted custody and be named the payee for her SS benefits. For that, she needs a lawyer.

I agree...assuming that sister understands what is really going on, sister needs to file for custody, not try to get the younger one emancipated. However, even custody could be a long shot if mom is not unfit by legal standards.