The Florida Petition Emancipation form is a legal document that allows a minor to request the court to lift the restrictions of being underage. Essentially, emancipation grants a young person the rights and responsibilities of an adult, enabling them to make independent decisions. If you are ready to take this important step, consider filling out the form by clicking the button below.
The Florida Petition Emancipation form serves as a crucial legal document for minors seeking to gain independence from parental control and the legal restrictions associated with being underage. This process allows individuals aged 16 and older to request the court to remove the “disability” of nonage, granting them the rights and responsibilities typically reserved for adults. The form requires the minor's name, along with details about their residence and family situation. It is essential that the petition be filed in the appropriate circuit court, specifically in the county where the minor resides. The petition must be signed in the presence of a notary public or deputy clerk, ensuring its validity. Additionally, the minor's parent or legal guardian must be involved in the filing process, unless a guardian ad litem is appointed. Filing fees are applicable, though provisions exist for those who cannot afford them. After submission, a case manager will follow up within approximately four weeks to provide updates or request further documentation. If the court finds that emancipation aligns with the minor's best interests, an order will be issued, allowing the minor to act as an adult legally. This order is then recorded in public records, and certified copies can be obtained for various necessary institutions. Preparing for the hearing and understanding the requirements can significantly ease the process for the minor seeking emancipation.
Rev. 09/28/2009
Emancipation
This is the packet to be used when a minor wants the court to remove the
“disability” of nonage. In other words, emancipation is the act by which a person gains all of the rights and responsibilities of an adult.
1.The heading of the forms calls for the name of the minor. Your current name should go where the documents ask for the name of the petitioner, as you are the one who is asking the court for action. The judicial circuit, case number, and division may be obtained from the Clerk’s Office when you file the petition.
2.The completed original petition must be signed in the presence of a notary public or deputy clerk. To obtain a court order, the minor must be at least 16 years of age. The petition for emancipation of a minor must be completed and filed by the minor’s parent(s) or legal guardian, or if none, then by a guardian ad litem.
3.The completed original forms must be filed with the Clerk of the Circuit Court in the county where the minor lives. In Leon County, you will file your forms in the Family Law Division, Suite 100, Leon County Courthouse, 301 South Monroe Street, Tallahassee, FL 32301. You should keep a copy of this petition for your records.
4.A deputy clerk will notarize signatures for a fee, collect the appropriate filing fee, and assign a Family Law case number and judge to the action.
5.You must pay the appropriate filing fees to the clerk’s office. If you cannot afford to pay the filing fees, you will need to fill out an Application for Indigence. If you are found indigent, the filing fees will be waived; however, summons issuance fees must be paid.
6.You will be given a receipt that reflects your case number and a telephone number for the case manager.
7.Within approximately four weeks, you will hear from the case manager, and receive a court date if the file is complete or notification requesting any documents that may be missing from the file to process your case. You may be required to attend a final hearing.
8.At the court hearing, a deputy clerk will provide copies of the Final Judgment if entered, and collect certain fees for certification and recording. If you have been declared indigent, the fees will be waived.
9.Check with the case manager to see if you need to bring the Final Judgment of Emancipation form with you to the hearing. If you do, you should type or
print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.
10.If the court is satisfied that emancipation is in the minor’s best interest, it will enter an order removing the disabilities of nonage and authorize the minor to perform all acts that the minor could do if he or she were 18 years of age. The order will be recorded in the public records of the county where the action is filed. The minor will need to obtain certified copies of the order to show proof of his or her emancipation.
11.It may be helpful to compile a list of all of the people and/or places that will need a copy of your final judgment. This list may include the driver’s license office, social security office, banks, schools, etc. A list will help you know how many copies of your order you should get from the clerk's office after your hearing.
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT
IN AND FOR LEON COUNTY, STATE OF FLORIDA
IN RE: EMANCIPATION OF:
________________________________,
Case #: _______________________
a minor.
PETITION FOR EMANCIPATION OF A MINOR
1.Petitioner, ______________________________, whose address is
_____________________________________________________________________,
and whose relationship to the above minor is _________________________________,
petitions this Court to remove the disabilities of nonage of the above minor.
2.The minor, ______________________________, is 16 years of age or older. The minor’s date of birth is ________________.
3.The minor currently resides at ______________________________________, and has a mailing address of ________________________________________.
4.The minor is a resident of ____________________ County, Florida.
5.The parents of the above minor are ___________________________, Father, whose residence is ______________________________________________ and
whose mailing address is: _________________________________________________,
and _____________________________, Mother, whose residence is ______________
________________________ and whose mailing address is: _____________________
_____________________________.
6.The name, date of birth, custody and location of any children born to the minor
are as follows:
Name: ___________________________________________________
Date of Birth: _____________________________________________
Custody and location: _______________________________________
(Attach extra sheet if there are additional children.)
7.The minor’s character, habits, education, income, and mental capacity for
business are as follows:
8.The minor’s needs with respect to food, shelter, clothing, medical care, and
other necessities will be met as follows:
9.With respect to whether the minor is a party to or 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 judicial proceeding, such as a child
support order, custody or visitation order or guardianship: (check only ONe)
____ The minor is not a party or subject to pending judicial proceedings.
____ The minor is a party to or subject to a pending judicial proceeding,
namely, _________________________________________________________________
________________________________________________________________________
(note the nature of proceedings, case number, court/jurisdiction where case is pending, and names and address of parties).
10.The disabilities of nonage should be removed from the minor for the following
reason:
11.The above minor has joined in this petition and consents to the Court granting
an Order of Emancipation as indicated and evidenced by the minor’s signature on this
petition.
WHEREFORE, the Petitioner and the Minor request that this Court enter an Order of Emancipation removing the disabilities of nonage of said Minor.
Signed this ______ day of _______________, 20___.
___________________________________
Signature of Petitioner
Printed name of Petitioner
Street Address of Petitioner
City/State/Zip of Petitioner
STATE OF FLORIDA,
COUNTY OF _________________.
BEFORE ME, the undersigned authority, personally appeared _______________
___________________________, who has acknowledged before me that he/she is the
Petitioner in the above Petition for Emancipation of a Minor and executed the same, and said person is ___ personally known to me OR ___ produced identification: _________
____________________________________.
Witness my hand and official seal this _____ day of ______________, 20___.
____________________________________
Notary Public/Deputy Clerk
CONSENT BY MINOR
I, ___________________________, the above named minor, consent to the entry
by this Court of an Order of Emancipation and I am fully ready to assume my
responsibilities as an adult.
Signed this ______ day of ____________, 20___.
Minor’s signature
Minor’s printed name
Minor’s street address
Minor’s City/State/Zip
STATE OF FLORIDA
COUNTY OF _________________
_________________________, who has acknowledged before me that he/she is the
Minor that is the subject of the Petition for Emancipation of a Minor and that he/she executed the foregoing Consent, and said person is ___ personally known OR ___
produced identification: ___________________________________________________.
Witness my hand and official seal this ______ day of _____________, 20___.
FINAL JUDGMENT OF EMANCIPATION
THIS CAUSE was heard on the Petition for Emancipation of a Minor filed by the Petitioner. The Court, having jurisdiction over the subject matter, and being fully advised in the premises, finds as follows:
1.The minor is capable of being an adult, bearing the responsibilities and privileges of being an adult.
2.The minor has demonstrated the maturity of managing her own affairs, without the supervision of a parent or legal guardian.
3.The minor and the parent or legal guardian have agreed for the parent or legal
guardian to relinquish his/her rights to control of the minor child. It is, therefore, ORDERED AND ADJUDGED:
The minor child is adjudged to be emancipated upon this Final Judgment becoming final. The minor child will be emancipated and enjoy the privileges and responsibilities of being an adult as defined by Florida Statute.
DONE AND ORDERED this _____ day of _______________________,
20_____, in Tallahassee, Leon County, Florida.
______________________________
Circuit Judge
Copies to:
Petitioner
Respondent
Minor
Completing the Florida Petition for Emancipation is an important step for a minor seeking independence. After filling out the necessary information, the petition will be submitted to the court for review. This process involves several steps to ensure that all required details are provided accurately.
What is the purpose of the Florida Petition for Emancipation?
The Florida Petition for Emancipation allows a minor to ask the court to remove the legal restrictions associated with being underage. Emancipation gives the minor the rights and responsibilities of an adult. This means they can make decisions about their own life, such as where to live, work, and how to manage their finances. However, there are specific requirements and steps that must be followed to successfully obtain emancipation.
Who can file the petition for emancipation?
The petition must be filed by the minor themselves if they are at least 16 years old. If the minor is younger or unable to file on their own, a parent, legal guardian, or a guardian ad litem can submit the petition. It is essential that the minor’s name appears as the petitioner since they are the one seeking emancipation from the court.
What are the steps to file the petition?
To file the petition, the minor needs to complete the necessary forms and sign them in front of a notary public or deputy clerk. The completed petition must then be submitted to the Clerk of the Circuit Court in the county where the minor resides. In Leon County, this is done at the Family Law Division of the courthouse. It's important to keep a copy of the petition for personal records. Additionally, there are filing fees that must be paid, although these can be waived if the minor is found indigent.
What happens after the petition is filed?
Once the petition is filed, a case manager will review the documents. Within about four weeks, the minor will receive communication regarding a court date or any missing documents. If the case proceeds to a hearing, the court will determine if emancipation is in the minor's best interest. If granted, the court will issue an order, which must be recorded and can be used to prove emancipation in various situations, such as applying for a driver's license or opening a bank account.
Filling out the Florida Petition for Emancipation form can be a complex process. Many individuals make mistakes that can delay or complicate their petitions. Understanding these common errors can help ensure a smoother experience.
One frequent mistake is failing to include the correct name of the minor in the heading of the form. The form specifically requests the name of the petitioner, which should be the minor seeking emancipation. This oversight can lead to confusion and potential rejection of the petition.
Another common error involves not signing the completed original petition in the presence of a notary public or deputy clerk. This step is crucial for the petition to be valid. If the signature is not notarized, the court may not accept the petition, requiring the minor to start the process over.
Some people neglect to file the original forms with the appropriate Clerk of the Circuit Court. Each county has specific filing locations, and failing to submit the petition in the correct division can result in delays. For instance, in Leon County, the forms must be filed in the Family Law Division.
Additionally, individuals sometimes overlook the requirement to pay the appropriate filing fees. If the fees are not paid at the time of filing, the petition may be rejected. If financial hardship exists, one must fill out an Application for Indigence to seek a waiver.
It is also essential to keep a copy of the petition for personal records. Many forget to do this, which can lead to difficulties in tracking the case later. Having a copy on hand can be invaluable for reference during the process.
Some petitioners fail to follow up with the case manager after filing. Approximately four weeks after submission, the case manager will reach out regarding the status of the petition. Missing this communication can lead to missed deadlines or required documents.
When attending the court hearing, some individuals forget to bring the Final Judgment of Emancipation form. This form is necessary for the judge to complete the process. It is advisable to prepare this document in advance to avoid any last-minute issues.
Another mistake involves not checking with the case manager about what to bring to the hearing. Each case may have unique requirements, and being unprepared can hinder the process.
Finally, individuals often underestimate the importance of compiling a list of entities that will require a copy of the final judgment. This list can include places like the driver’s license office, banks, and schools. Knowing how many copies to request can save time and effort later on.
When seeking emancipation in Florida, several forms and documents may accompany the Florida Petition for Emancipation. Each of these documents plays a crucial role in the process, ensuring that all necessary information is provided to the court. Below is a list of commonly used forms and documents related to the emancipation process.
Having these documents prepared and organized can facilitate a smoother process when filing for emancipation. Each form contributes to a clearer understanding of the minor's situation and needs, ultimately assisting the court in making an informed decision.
When filling out the Florida Petition for Emancipation form, it is essential to follow specific guidelines to ensure the process goes smoothly. Here are ten important things to do and avoid:
Following these guidelines will help streamline the emancipation process and ensure that all necessary steps are taken.
Understanding the Florida Petition Emancipation form can be tricky. Here are ten common misconceptions people have about it, along with clarifications to help you navigate the process.
These clarifications can help demystify the emancipation process in Florida. Understanding the requirements and steps involved is crucial for anyone considering this path.
Here are key takeaways regarding the Florida Petition Emancipation form:
Consider creating a list of entities that will require a copy of your emancipation order, such as schools and banks. This will help ensure you have enough copies after the hearing.