Emancipation

by | Jun 11, 2020 | Firm News, Florida Family Law

My 16-year-old granddaughter no longer wants to live with me. The courts gave me custody when she was a baby. Her parents are not in the picture. The DCF lawyer states she is still a state child. What can I do besides let her do whatever she wants? Can she move out and move in with a friend that is 18?

To be able to move out of the home before the age of 18, your granddaughter would have to become emancipated. If she is emancipated, she would come into some of the rights of an adult early, like the right to marry and the right to leave home without the approval of parents. You would no longer need to support her after she is emancipated. In order to file for emancipation, a teen must be at least 16 years old and have parental consent. And that’s not all – she and you must show that she is financially independent and is able to support herself; that she will not depend on public benefits; why she needs to be emancipated; and that emancipation is in her best interests. Unless she is emancipated, you have custody and can stop her from moving out of your home.