STATE OF FLORIDA. Emancipation - Removal of Disability of Minority Package. Control Number FL - EM - 001

Transcription

1 Prepared by U.S. Legal Forms, Inc. Copyright U.S. Legal Forms, Inc. STATE OF FLORIDA Emancipation - Removal of Disability of Minority Package Control Number FL - EM - 001

2 NOTES ON COMPLETING THESE FORMS The form(s) in this packet contain form fields created using Microsoft Word. Form fields facilitate completion of the forms using your computer. They do not limit you ability to print the form in blank and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a shaded letter a. Click in this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances the form field and the line will disappear after information is entered. In other cases it will not. This is appropriate and the way the form is designed to function.

3 DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Florida. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4 I. EXPLANATION OF PETITION FOR CHANGE OF NAME A. In Florida, an action for a court ordered Removal of the Disabilities of Nonage, hereafter referred to as Emancipation, begins with the filing of a Petition in the Circuit Court. The Petition must contain certain information. The forms in this packet include the necessary information for the emancipation of a Minor in the State of Florida. B. You can use this packet if: The individual who is the subject of the Petition is at least 16 years of age and a resident of and domiciled in the county in which the Petition for Emancipation will be filed. There is a proper and reasonable basis for the emancipation of the minor. II. WHAT FORMS ARE INCLUDED A. Petition for Emancipation of a Minor This document states the reasons and other required details for the emancipation. B. Order on Petition for Emancipation of a Minor. This is the final statement of the legalities and terms of the emancipation. Once this form is signed by the Judge and filed with the court, the Emancipation is effective. Note: This package contains forms for use throughout your State. However, some Counties, or Judges may require a different form, or modification to these forms. If this happens, please consult with your local Court Clerk. If you are required to use additional forms, please advise us by sending an to orders@uslegalforms.com. III. PROCEDURE FOR EMANCIPATION OF A MINOR FOR THE STATE OF FLORIDA A. Preliminary Note: 1. The attached forms may be completed by: a. Printing the forms and completing by hand. Use black ink and print neatly. b. Printing the forms and completing using a typewriter. c. By completing the forms on your computer using a word processing program and then printing the forms. 2. Use complete names and not initials. Check your spelling carefully, a misspelled word can delay your name change.

5 3. Print three (3) complete sets of forms. 4. All forms with a heading the name of the court, the Petitioner s name, the case number, and the name of the document require that the heading be completed. You will need to add the name of the court and the full name of the Petitioner. The Case No. will be assigned by the court clerk at the time of filing. 5. Forms that require your signature and include a notary block MUST be signed in the presence of the notary or court clerk who will complete the acknowledgement. Use your complete name first name, middle name, last name. 6. When a form is filed with the court, request the clerk filestamp one copy of the form for your file. 7. A Law Summary is available and can be printed for your State. To do so, go to where you located this package and select the Law Summary link under the form title and print. Review the Law Summary before beginning the process of completing the forms. B. Procedure Step 1: Complete all the forms using complete names middle names instead of middle initials. Note that the provisions of the Petition are designed to provide the court with the required information and the specific information regarding the minor s circumstances that will enable the Court to determine if the emancipation is appropriate. Appropriate in this instance being something reasonable under the circumstances. Step 2: If both parents Petition for the Emancipation,, service is not necessary, and you need only to set a hearing. You should ask the clerk of court or judicial assistant about the local procedure for setting a hearing. 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 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. If the petition is filed by the guardian ad litem or next friend, service of process must be perfected on the natural parents. File the Petition, and Consent of the Minor for Emancipation in the Circuit Court in the county in which the Minor is a resident and domiciled and pay the appropriate fee. Step 3: Step 5: When the necessary parties have been served with the required process, you must obtain a hearing date for the court to consider your request. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing. Obtain a certified copy of the Order from the Clerk after it has been signed by the Judge. The minor is then authorized to perform all acts that the minor child could do if he or she were 18 years of age.

7 IN RE: EMANCIPATION OF: IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA CASE NO.: Minor s Name. PETITION FOR EMANCIPATION OF A MINOR (1) The parents of the above referenced minor, namely,, Father, whose address is, and, Mother, whose address is, petition this Court to remove the disabilities of non-age to said Minor who is sixteen years of age or older and resides in the State of Florida. (2) In support of this petition, the petitioners give the following biographical information regarding their child, namely, a. b. c. d. e. Name of Minor Mailing Address of Minor Physical Residence of Minor Date of Birth of Minor Place of Birth of Minor.

8 (3) The name, date of birth, custody and location of any children born to the minor are as follows: Name of Children Born to the Minor Date of Birth Custody and Location Name of Children Born to the Minor Date of Birth Custody and Location (4) The minor s character and habits as would justify the minor s emancipation are as follows: (5) The minor s education, income and mental capacity as would justify the emancipation are as follows: (6) The needs of the minor with respect to food, shelter, clothing, medical care and other necessities will be met in the following manner if emancipated: (7) 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, the petitioner s say as follows: (Check one) (a) The minor is not such a party or subject to pending judicial proceedings. (b) The minor is subject is a party to or subject to a pending judicial proceeding, namely, Nature of proceedings Jurisdiction where said proceeding is pending Name and address of parties to such judicial proceeding (8) The overall reasons why the petitioner s believe that the Court should emancipate the minor are as follows: (9) The minor child 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.

9 WHEREFORE, the Petitioners and the Minor Child hereby request that the Court grant the Petition for Emancipation of Minor. Signed Name of Father Printed or Typed Name of Father STATE OF FLORIDA COUNTY OF Sworn to (or affirmed ) and subscribed before me this day of, 200_, by. Address of Father Signature of Notary Public-State of Florida City State Zip Home Phone Number of Father (Print, type, or Stamp Commissioned Name of Notary Public) Work Number of Father Check one only: Personally known Produced Identification Type of Identification produced Signed Name of Mother Printed or Typed Name of Mother STATE OF FLORIDA COUNTY OF Sworn to (or affirmed ) and subscribed before me this day of, 200_, by. Address of Mother Signature of Notary Public-State of Florida City State Zip Home Phone Number of Mother (Print, type, or Stamp Commissioned Name of Notary Public) Work Number of Mother Check one only: Personally known Produced Identification Type of Identification produced

10 SPECIAL CONSENT BY MINOR I,, the minor child, do hereby consent to the court granting this Petition for Emancipation and I am fully ready to assume my responsibilities as an adult. Signed Name of Minor Printed or Typed Name of Minor Address of Minor City State Zip Home Phone Number of Minor Work Number of Minor STATE OF FLORIDA COUNTY OF Sworn to (or affirmed ) and subscribed before me this day of, 200_, by. Signature of Notary Public-State of Florida (Print, type, or Stamp Commissioned Name of Notary Public) Check one only: Personally known Produced Identification Type of Identification produced

11 IN RE: EMANCIPATION OF: IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA CASE NO.: Minor s Name. ORDER ON PETITION FOR EMANCIPATION OF MINOR THIS CAUSE came before the Court on the above-styled petition for emancipation of the minor child,. It appears that all parties, including the minor child, have consented to this petition and from the facts sworn to the Court does hereby ORDERED AND ADJUDGED that: 1. The Petition for Emancipation of Minor child is hereby GRANTED. 2. The disabilities of non-age of the minor child,, are hereby removed who shall hereafter have all the rights and privileges of an eighteen year old adult except as to the right to vote until age eighteen and further except as to the right to consume alcoholic beverages until age twenty-one. DONE AND ORDERED in Chambers this day of, 200_ at, County, Florida Circuit Judge

12 CIVIL COVER SHEET The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form is required for the use of the Clerk of Court for the purpose of reporting judicial workload data pursuant to Florida Statute IN RE: THE NAME CHANGE OF IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA VS. Plaintiff/Petitioner Case No.: Division: FAMILY Defendant/Respondent TYPE OF CASE (Place an X in one box only. If the case fits more than one type of case, select the most definite.) DOMESTIC RELATIONS TORTS OTHER CIVIL Simplified dissolution Dissolution of Marriage Support - IV-D Support - Non IV-D URESA - IV-D URESA - Non IV-D Domestic Violence Other domestic relations Professional Malpractice Products liability Auto negligence Other negligence Contracts Condominium Real property/mortgage Foreclosure Eminent domain Other IS JURY TRIAL DEMANDED IN COMPLAINT? YES NO DATE: SIGNATURE OF ATTORNEY OR PARTY INITIATING ACTION ADDRESS: PHONE: