Emancipation is when your dependency case ends with the court, which means you will be considered an adult. Emancipation can limit what support services are available to you. Emancipation involves the “removal of disability of nonage.” You must be at least 16 years old to ask the court to emancipate you. This will give you the ability to act as an adult and be in control of your life, without the control and custody of parents, guardians, or the court. However, you will have to prove to the court that you are able to fully support yourself, which can be difficult to do.
To become emancipated, your parents or guardian or an appointed guardian ad litem must petition the court on your behalf. This petition must explain your basic personal information, living situation, and education, the personal information of your parents or guardians, the reasons why you want to be emancipated, and examples of how you already are able to manage your life. The court can assign a guardian ad litem to file the petition on your behalf if the petition is not filed by your parents. Non-petitioning biological parents will need to be served through Service of Process. The role of the guardian ad litem is to represent your best interests in front of the judge.
What happens after a petition is filed?
After viewing your petition, the court will hold a hearing. If your parents filed the petition on your behalf, you will be assigned an attorney ad litem during these proceedings, who will represent you directly in front of the court. During this hearing, the judge will consider the petition you provided, and make decisions as to your ability to financially support yourself and make mature decisions, your living arrangements and future plans, and most importantly, if the emancipation is in your best interest.
What does it mean to be emancipated?
It is important to remember that emancipation legally establishes you as an adult. This means you are self-sufficient and are no longer under the care of the court or your parents or guardians. This also means you will need to pay for your own housing, food, transportation, meet all of your own medical needs, and no other adult legally has to help you if you can’t do these things on your own.
Are there things I lose when being emancipated?
If you petition for and the court grants you emancipation, you will not have access to some of the state or court sponsored programs, like extended foster care. You will also not be eligible for tuition and fee exemptions for college or vocational school. You may still have access to PESS, Aftercare, and Medicaid, but you will have to show that you meet the eligibility requirements. If you need help determining your eligibility for these programs, you can call the Hope Line under the Office of Continuing Care at 833-GET-HOPE (833-438-4673), and a Hope Navigator will assist you in finding resources or special services to help you on your next steps to adulthood.
How much does filing a petition cost?
The cost to file a petition for emancipation in Florida ranges from $300-$400, depending on the county where you file for emancipation. The process of becoming emancipated may end up costing more, depending on court fees for the hearing process, or if you decide to use an attorney instead of the court-appointed guardian ad litem.
| Benefits of Emancipation | Detriments of Emancipation |
