Removal of Disability of Nonage in Florida: Emancipation

---

 743.015 Disabilities of nonage; removal.—(1) A circuit court has jurisdiction to remove the     disabilities of nonage of a minor age 16 or older residing in this state     upon a petition filed by the minor’s natural or legal guardian or, if there     is none, by a guardian ad litem. 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

 (2) The petition shall contain the following     information:(a) The name, address, residence, and date of birth of     the minor.(b) The name, address, and current location of each of     the minor’s parents, if known.(c) The name, date of birth, custody, and location of     any children born to the minor.(d) 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.(e) Whether the minor is a party to or the 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 pending judicial proceeding.(f) A statement of the reason why the court should     remove the disabilities of nonage.

 The court shall consider the petition and receive     such evidence as it deems necessary to rule on the petition. If the court     determines that removal of the disabilities of nonage is in the minor’s     best interest, it shall enter an order to that effect. An order removing     the disabilities of nonage shall have the effect of giving the minor the     status of an adult for purposes of all criminal and civil laws of the     state, and shall authorize the minor thereafter to exercise all of the     rights and responsibilities of persons who are 18 years of age or older.

  The court shall consider the petition and, if     satisfied that the removal of the disabilities is in the minor’s best     interest, shall remove the disabilities of nonage; and shall authorize the     minor to perform all acts that the minor could do if he or she were 18     years of age.(8) The judgment shall be recorded in the county in     which the minor resides, and a certified copy shall be received as evidence     of the removal of disabilities of nonage for all matters in all courts.

The disability of nonage is hereby removed for all     persons in this state who are 18 years of age or older, and they shall     enjoy and suffer the rights, privileges, and obligations of all persons 21     years of age or older except as otherwise excluded by the State     Constitution immediately preceding the effective date of this section and     except as otherwise provided in the Beverage Law.

(2) This section shall not prohibit any court of     competent jurisdiction from requiring support for a dependent person beyond     the age of 18 years when such dependency is because of a mental or physical     incapacity which began prior to such person reaching majority or if the     person is dependent in fact, is between the ages of 18 and 19, and is still     in high school, performing in good faith with a reasonable expectation of     graduation before the age of 19.