Emancipation packet (Rev. 6/15), Petition for Emancipation of a Minor at a glance
What it is: The Emancipation packet is for a minor who wants the court to remove the disability of nonage.
Who signs: The petition for emancipation of a minor must be completed and filed by the minor's parent(s) or legal guardian, or if none, then by a guardian ad litem, who signs it as Petitioner; the minor also signs the petition. Both sign in the presence of a notary public or deputy clerk.
A filled-in Emancipation packet (Rev. 6/15), Petition for Emancipation of a Minor example: a mother petitions for her son
How to fill out Emancipation packet (Rev. 6/15), Petition for Emancipation of a Minor, box by box
In re: Emancipation of and Case #
The heading of the form calls for the name of the minor. The case number may be obtained from the clerk of court's office when you file the petition.
1. Petitioner
Enter the Petitioner's name, address and relationship to the minor; the Petitioner petitions this Court to remove the disability of nonage of the minor.
2. The minor
Enter the minor, who is 16 years of age or older, and the minor's date of birth.
3. and 4. Where the minor resides
Enter where the minor currently resides, the minor's mailing address, and the County, Florida, where the minor is a resident.
5. The parents of the minor
Enter the Father, whose residence is and whose mailing address is, and the Mother, whose residence is and whose mailing address is.
6. Children born to the minor
Enter the name, date of birth, custody and location of any children born to the minor. Attach extra sheet if there are additional children.
7. The minor's character, habits, education, income, and mental capacity
Enter the minor's character, habits, education, income, and mental capacity for business.
8. The minor's needs
Enter how the minor's needs with respect to food, shelter, clothing, medical care, and other necessities will be met.
9. A pending judicial proceeding (check only one)
Check only one: the minor is not a party or subject to pending judicial proceedings, or the minor is a party to or subject to a pending judicial proceeding.
If the minor is a party to or subject to a pending judicial proceeding, note the nature of proceedings, case number, court/jurisdiction where case is pending, and names and address of parties.
10. The reason the disability of nonage should be removed
Enter the reason the disability of nonage should be removed from the minor.
Signed on, with the notary public or deputy clerk
Enter Signed on, then the Signature of Petitioner, Printed name of Petitioner, Street Address of Petitioner and City/State/Zip of Petitioner.
The Notary Public/Deputy Clerk enters the COUNTY OF under STATE OF FLORIDA, the person who personally appeared and has acknowledged that he/she is the Petitioner, marks personally known to me OR produced identification and enters the identification, then enters Witness my hand and official seal on, and signs.
Consent by minor
The minor 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.
In CONSENT BY MINOR, the minor enters his or her name after I, and consents to the entry by this Court of an Order of Emancipation and is fully ready to assume the responsibilities of an adult.
Enter Signed on, then the Minor's signature, Minor's printed name, Minor's street address and Minor's City/State/Zip. The Notary Public/Deputy Clerk enters the COUNTY OF under STATE OF FLORIDA, the person who personally appeared and has acknowledged that he/she is the Minor, marks personally known OR produced identification and enters the identification, then enters Witness my hand and official seal on, and signs.
More rules for Emancipation packet (Rev. 6/15), Petition for Emancipation of a Minor
Emancipation is the act by which a person gains all rights and responsibilities of an adult.
To obtain a court order, the minor must be at least 16 years of age.
You should keep a copy of this petition for your records.
You will be given a receipt that reflects your case number and a telephone number for the case manager.
Within about four weeks, you will hear from the case manager, and receive a court date if the file is complete or notification requesting any documents that may be missing from the file to process your case.
You may be required to attend a final hearing.
At the court hearing deputy clerk will provide copies of the final judgment if entered, and collect certain fees for certification and recording.
If the court is satisfied that emancipation is in the minor's best interest, it will enter an order removing the disability of nonage and authorize the minor to perform all acts that the minor could do if he or she were 18 years of age.
The order will be recorded in the public records of the county where the action was filed. The minor will need to obtain certified copies of the order to show proof of his or her emancipation.
It may be helpful to compile a list of all of the people and/or places that will need a copy of your final judgment. This list may include the driver's license office, social security office, banks, schools, etc.
If your situation is different
You cannot afford the filing fees
You must pay the appropriate filing fees to the Clerk of the Court; if you cannot afford to pay the filing fees, you may ask the Clerk to waive the filing fees by completing an Application for Determination of Civil Indigent Status.
The case is a family law case
Florida Rule of Judicial Administration 2.545(d) requires the petitioner in a family law case to file with the court a notice of related cases, if any. This form is used to provide the required notice to the court. It must be filed with the clerk of the circuit court with the initial pleading in the family law case. Your circuit may also require this form to be filed even if there are no related cases.
You use the sheriff's department or a private process server for serving the other party
Use the form that gives the sheriff's department (or private process server) instructions for serving the other party in your case with the Summons: Personal Service on an Individual, Florida Family Law Rules of Procedure Form 12.910(a), and other papers to be served.
You need to bring the Final Judgment of Emancipation form to the hearing
Check with the case manager to see if you need to bring the Final Judgment of Emancipation form with you to the hearing. If you do, you should type or print the heading, including the circuit, county, case number, division, and the parties' names, and leave the rest blank for the judge to complete at your hearing or trial.
Common questions about Emancipation packet (Rev. 6/15), Petition for Emancipation of a Minor
Does it need a notary?
The completed original petition must be signed in the presence of a notary public or deputy clerk.
Is there a deadline?
Under the summons, the other party has 20 calendar days after this summons is served to file a written response to the attached complaint/petition with the clerk of this circuit court, located at 301 South Monroe Street, Tallahassee, FL 32301.
Where do I file it?
The completed original forms must be filed with the Clerk of the Circuit Court in the county where the minor lives (in Leon County, Leon County Courthouse, Suite 100, 301 S. Monroe Street, Tallahassee, FL 32301).
Are there fees?
A deputy clerk will notarize signatures for a fee, collect the appropriate filing fee, and assign a family law case number and judge to the action.
Sources
[1] Emancipation packet, Petition for Emancipation of a Minor (Rev. 6/15), Clerk of the Circuit Court and Comptroller, Leon County (the Official source link on this page).
