Emancipation/Change of Custody

[Kittykun]

What is the name of your state? Florida

I have a question about a 17yr old. I'm speaking on behalf of, a female 17 yr old. She is living in a home that has been mildly physically abusive and severly emotionally abusive. She is a senior in highschool and will soon graduate and leave for college, however it has become aparent recently that due to her home situation she may be unable to finish highschool and would never move on to bigger and better things. Is there a way for her to become emancipated, or be placed in the custody of another adult who is not her parents or relative.

thank you in advance
Kitty-kun

 

[Happy Trails]

What is the name of your state? Florida

I have a question about a 17yr old. I'm speaking on behalf of, a female 17 yr old. She is living in a home that has been mildly physically abusive and severly emotionally abusive. She is a senior in highschool and will soon graduate and leave for college, however it has become aparent recently that due to her home situation she may be unable to finish highschool and would never move on to bigger and better things. Is there a way for her to become emancipated, or be placed in the custody of another adult who is not her parents or relative.

thank you in advance
Kitty-kun

If she isn't getting along with her parents, how likely are they going to agree to sign the papers?

Florida statute:
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.
(2) The petition shall contain the following information:
(a) The name, address, residence, and date of birth of the minor.
(b) The name, address, and current location of each of the minor's parents, if known.
(c) The name, date of birth, custody, and location of any children born to the minor.
(d) A statement of the minor's character, habits, education, 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.
(e) Whether the minor is a party to or the subject of a pending judicial proceeding in this state or any other jurisdiction, or the subject of a judicial order of any description issued in connection with such pending judicial proceeding.
(f) A statement of the reason why the court should remove the disabilities of nonage.
(3) If the petition is filed by the natural or legal guardian, the court must appoint an attorney ad litem for the minor child, and the minor child shall be brought before the court to determine if the interest of the minor will be fully protected by the removal of disabilities of nonage. The attorney ad litem shall represent the child in all related proceedings.
(4) If the petition is filed by the guardian ad litem or next friend, service of process must be perfected on the natural parents.
(5) If both parents are not jointly petitioning the court for the removal of the disabilities of nonage of the minor, service of process must be made upon the nonpetitioning parent. Constructive service of process may be used, provided the petitioning parent makes an actual, diligent search to discover the location of, and provide notice to, the nonpetitioning parent.
(6) The court shall consider the petition and receive such evidence as it deems necessary to rule on the petition. If the court determines that removal of the disabilities of nonage is in the minor's best interest, it shall enter an order to that effect. An order removing the disabilities of nonage shall have the effect of giving the minor the status of an adult for purposes of all criminal and civil laws of the state, and shall authorize the minor thereafter to exercise all of the rights and responsibilities of persons who are 18 years of age or older.
(7) The court shall consider the petition and, if satisfied that the removal of the disabilities is in the minor's best interest, shall remove the disabilities of nonage; and shall authorize the minor to perform all acts that the minor could do if he or she were 18 years of age.
(8) The judgment shall be recorded in the county in which the minor resides, and a certified copy shall be received as evidence of the removal of disabilities of nonage for all matters in all courts. "

**Also pleas check out these other sites where kids that either want to be emancipated or have been are having trouble with 'fafsa'. (since it requires the parents to fill out their financial information) This is what qualifies you for state aid, federal aid, or some student loans.
http://www.collegeconfidential.com/cgi-bin/discus/show.cgi?6/9016

http://www.collegeconfidential.com/cgi-bin/discus/show.cgi?6/113

The on-line FAFSA instructions state in "Frequently asked questions": Q:
If I'm an emancipated minor, am I now independent? A: The status of
emancipated minor is not recognized by the Department of Education for
financial aid purposes; such a student must meet one of the other listed
criteria to be independent.

 

[Kittykun]

I'm not worried about her school funding, it will be covered. I am concerned about her home life, is there no process through which to get a child out from a home that isn't suited for their well being, obviously if she were younger i could contact child services but she is 17 and having her legally get out of the house seems to be an issue. Her parents would not sign papers giving her their consent to be emancipated but it's an abusive home and the parents actions don't suit the best intrest of this girl.

Kitty

 

[stealth2]

Well, she's got less than 6 mos left there. She can't stick it out that long? And just what is YOUR relationship to this young lady?

 

[Happy Trails]

I'm not worried about her school funding, it will be covered. I am concerned about her home life, is there no process through which to get a child out from a home that isn't suited for their well being, obviously if she were younger i could contact child services but she is 17 and having her legally get out of the house seems to be an issue. Her parents would not sign papers giving her their consent to be emancipated but it's an abusive home and the parents actions don't suit the best intrest of this girl.

Kitty

Have they tried counseling?

FOR TEENS
The staff at the local shelter understand and are willing to listen to teens that are confused and upset.

They can provide temporary shelter for teens that have already left home. At the shelter teens are safe and are assisted in resolving the problems that caused them to run.

If you are not familiar with the youth shelter in your community, call the National Runaway Switchboard 1-800-621-4000 and they will get you in touch with the shelter program closest to you.

WHY DO YOUTH LEAVE HOME?
Although no one knows the exact number, estimates indicate that more than a million young people run away each year in the United States. That means that every day approximately 3,000 youth leave home to escape troubling situations. Because this number includes children from all socio-economic backgrounds, no family with children is immune from the potential.

While runaways are defined as young persons under the age of eighteen who are away from home at least one night without parental permission, they are also children responding to painful or stressful circumstances at home, at school or with friends. Though they may be aware that running from their problems is only a temporary solution, they are desperately seeking immediate relief.

Without resources like Safe Place and community youth shelters, children who have run away are extremely vulnerable to physical violence, sexual exploitation, criminal activity, suicide, substance abuse and increased sexual activity (often resulting in pregnancy and sexually transmitted diseases).

Safe Place is a nationally acclaimed program to assist young people in crisis. What makes Safe Place unique is that businesses, volunteers and youth serving agencies work together for the benefit of these young people. Safe Place makes help available whenever and wherever a child needs it.

Link:
http://www.safeplaceservices.org/resources-tips.html

**Others may have some other agencies that they may be able to give you contact information.

 

[Kittykun]

I am her boyfriend of just over a year. Though the reason i initially left this information out is because it would suggest i may be too close to see the real issues; which i admit there must be some skewed aspect to what i see though i am not the only one who sees what is happening other friends and peers as well as a few teachers have noted that there are issues at hand. I consider myself an extremely logical person. My first choice for her in fact would be to resolve her problems at home though i'm not sure if that is possible. Which is why if she isn't going to do that i am hoping to have available to her a safe and resonable, as well as legal way for her to get out of the situation she is in.

thank you happy trails i will look in to the couseling idea and in to Safe Place for her, or have her do so for herself.

kitty