Monday, October 24, 2011

Miley Cyrus and Justin Bieber: Can Teens Get Legally Free From Parents? Yes via Emancipation Laws Like Florida Stat. 743.015

Justin Bieber is getting lots of criticism this week over an interview he gave to Rolling Stone magazine; apparently, there are those that believe that the interviewer, Vanessa Grigoriadis, took advantage of having 16-year-old Bieber alone as he gave her a ride around Atlanta in his fancy Range Rover.

Seems that Justin Bieber was asked about some controversial issues by Ms. Grigoriadis, she reported his answers in the article entitled, "Justin Bieber Talks Sex, Politics, Music and Puberty In New 'Rolling Stone' Cover Story," and now there is a controversy. Some of which involves the fact that Justin Bieber is not a legal adult and where were his parents, who are supposed to protect him from inappropriate stuff.

Meanwhile, Miley Cyrus is now 18 years old and her father is making news as he talks about how her Disney Channel TV show, "Hannah Montana," ruined their family and how worried he is now - now that Miley is a legal adult and out of his legal control - that she will be doomed to the fates of Anna Nicole Smith and Michael Jackson because of the bad influences she has chosen to be her friends and supporters.

Meanwhile, in Miami and elsewhere there are lots of teenagers who are 16 years old or older, who feel that they can handle their own lives - or maybe they feel that their parents cannot handle the job of being parents - and they'd like to cut the cord, as it were, and become legally independent.

Something that Miley Cyrus is now, because she turned 18 years old, and something that Justin Bieber is not, since he is just 16.
Does the law allow for kids to essentially divorce their parents? Yes. State laws may differ in the details, things like what must be proven to the court, but there are "emancipation laws" that allow children to be considered legal adults before the standard "age of majority."


The case of Rifqa Bary is currently before the Florida Supreme Court. Meanwhile, her case began a challenge to Florida's emancipation statutes as being in need of change. Florida Statute Section 743.015 was labelled outdated as a result of Rifqa Bary's situation, and there was a call for it to be amended in 2009.

The current version of Florida's emancipation law, amended in March 2010, states as follows, and if you are a teenager who believes that the law applies to you, then you can file a lawsuit to emancipate, or free yourself, from parental control. The full text of the statute appears after the jump....

(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.

(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.

(3) 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.

(4) If the petition is filed by the guardian ad litem or next friend, service of process must be perfected on the natural parents.

(5) 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) 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.

(7) 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.

By Bryant Esquenazi on February 17, 2011 2:37 PM

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