Emancipation is a common term used to describe the action of elevating the status of a minor to an adult. A minor is defined as a person who has not yet reached the age of 18. Minors that have not been emancipated do not have the right to assume the management of their own estates, to contract or be contracted with, to sue or be sued, or to perform many other acts that are specifically reserved for persons over 18. In Florida the proper name for emancipation is the “removal of the disabilities of nonage”. There is a statute that deals with that specific issue, Chapter 743, Florida Statutes. That statute includes many ways for the disabilities of nonage to be removed, including automatic removals of those disabilities based upon conduct, such as:
• Becoming married. If a minor (over the age of 16) marries, the disabilities of nonage are removed.
• Participating in the Federal “Home Farm and Business Loan Act”. Minors specifically authorized under that Act may make and execute contracts under the Act.
• Becoming adjudicated dependent under Chapter 39. Children in foster care may:
o Enter contracts for financial depository services, such as checking and savings accounts
o Execute a residential lease
o Secure utility services at a residence
o Secure motor vehicle insurance
• Seeking to obtain a student loan (limited removal of the disabilities of nonage).
• Seeking to donate blood without parental consent (this is reserved for children 17 and older).
• Seeking limited emergency medical care without parental consent.
• Becoming pregnant or delivering a child (limited removal of the disabilities of nonage).
• Committing a crime for which the child is adjudicated as an adult (limited removal of the disabilities of nonage).
• Being an unaccompanied homeless youth (16 or older).
• Becoming a professional athlete or performing artist (limited removal, and judicial approval may in some cases be necessary).
• Reaching the age of 18.
Children who have reached the age of 16 and who have not performed any of the conduct above may also seek to have a court declare them to be emancipated. The minor, through a parent, legal guardian or Guardian Ad Litem, must file a Petition for Removal of Disabilities of Nonage, in which they must include specific information. They must ultimately convince a judge that removal of the disabilities of nonage is in the child’s best interest. There is little guidance in the statute for the court’s determination that emancipation is in the child’s best interest, but since the petition must contain 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, and it must also indicate why the minor is seeking to have their disabilities of nonage removed, one can assume that such statements will form the basis of the court’s inquiry. The court has great discretion over whether or not the petition is to be granted.
Unless the petition is filed by both parents, the parents must be served with the Petition, and they have standing to participate in the proceeding. A parent may offer evidence supporting or opposing the Petition. Any evidence that tends to impact, positively or negatively, on the child’s best interests may be offered.