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Disability of Nonage Minors Removed/Child Emancipation

Child Emancipation

Pursuant to Florida Statute 743, minors are able to Petition the Court to be granted the rights of an adult.

There are a variety of reasons that a minor would choose to act as an adult. One of the most important reasons is that a minor cannot enter into a contract.

Contracts allow individuals to seek loans, receive credit, enter into Lease Agreements, receive money for educational purposes, and enter Employment Contracts.

In addition, a minor cannot make important medical decisions on their own behalf.

The age limitation to file the Petition to Remove disability of Nonage for a Minor is sixteen years old and older.

The Petition must be filed by the minor child's natural or legal guardian, because a minor does not have the right to sue or be sued.

The Court is provided information concerning the minor's character, habits, education, income, and an explanation of how the needs of the minor child will be met with respect to food, shelter, clothing, medical care, and other necessities.

Finally, a statement of the reason why the court should remove the disabilities of Nonage.

The Petition must establish that it is in the best interests of the minor to have the disabilities removed and if the burden of proof is met the Court should enter an Order authorizing the minor to perform all acts that the minor could do if he or she was eighteen years of age.

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