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Florida Juvenile Law Questions & Answers
1 Answer | Asked in Family Law and Juvenile Law for Florida on
Q: my children were found to be dependant in a birmingham al case, in which the children were placed in the temporary

custody of the grandparents. DHR in birmingham had a case plan for me to do in order to get my children back, but my children were now in florida and I had moved from birmingham. The case was closed in birmingham and the judge said there that this would have to be transferred to Florida. This was... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 2, 2016

You should have an attorney look at the case, and possibly research the applicability of the Uniform Child Custody and Jurisdiction Act (Florida Statutes 61.501-61.542).

1 Answer | Asked in Juvenile Law for Florida on
Q: Can a 13 year old get emancipated if she meets all the requirements in the state of florida?

Would she then have sexual and marital consent as a ememancipated minor who has no parents in reach

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 25, 2016

If, by "sexual and marital consent", you mean consent to have sex and get married, the former ("sexual consent") is not available in any case. It is not a defense to a criminal charge of "statutory rape" (what Florida calls sexual battery) that the parents gave... View More

1 Answer | Asked in Immigration Law, International Law and Juvenile Law for Florida on
Q: I am 17 years old and living in the Uk and want to move back to US with my English fiance whats the best way to do that?

I am 17 years old and I live in the UK on a student visa while at college, I met a girl about 1.5 years ago and now we are engaged, what is the best way to legally get her into America so she can live and work? I have a good job in the USA and will be able to support her even if she can't... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Aug 23, 2016

There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.

1 Answer | Asked in Family Law and Juvenile Law for Florida on
Q: Hello, I am a 17 year old female and I am currently employed.

I am buying my own truck (paying for the truck in full and paying my own insurance) and i am planning to remove myselfe fron my familys plan. I will buy my own phone making payments and pay the the service itself. If my Father wanted to take either my phone or truck (as punishment or something... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 15, 2016

Yes, he technically can. The only thing you can do (other than remaining in good graces with your father at least until you turn 18) would be to get someone to petition the court for you, to have your disabilities of minority removed. That is rather complicated (and you have not indicated that... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Florida on
Q: I am 19 and I'm in love with a 16. Her mom wants no contact between us. What am I allowed to do, and what can't I do?

We both are in love. We live right down the street from each other. We live in fort Myers Florida. She is the love of my life and she means the world to me. Please help me. Am I allowed to text her without parent consent? What can we do and what can't we do? Please help asap. Thank you.

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 26, 2016

It is not illegal by law as law really only addresses sexual contact based on age, not talking and texting. Her parents can certain prohibit it or take away her phone, or seek a court order for no contact though.

1 Answer | Asked in Family Law and Juvenile Law for Florida on
Q: We had spoke about the petition filing fee, and the reasons I needed to be immediately emancipated.

All she told me before I let was how I could get the filing fee waived by the court. What should be my next steps? Going to the court or what? I'm confused on what should be my next steps.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 1, 2016

Generally, a petition for "emancipation" (called "removal of disability of minority" in Florida) would be premised upon the idea that you can support yourself (including required court fees), so inability to pay the filing fee would not look good for you. You will also need... View More

1 Answer | Asked in Family Law and Juvenile Law for Florida on
Q: Hello I am 16, and I recently went to go see an attorney due to the need for immediate emancipation.

What should be my next steps after speaking with the attorney if I want to go through with the process? Where do I go to speak to someone about getting my petition filing fee waived?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 1, 2016

What did the attorney say?

2 Answers | Asked in Family Law and Juvenile Law for Florida on
Q: Where do you go to start the process of emancipation? And usually how long does it take to become emancipated?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 24, 2016

Your parent or other adult would file a petition with the circuit court in your county.

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1 Answer | Asked in Family Law and Juvenile Law for Florida on
Q: So what are the best things I should do?

Should I consider emancipation? And if so is there anything else I can do that are some suggestions? Because I find it amusing how my mother doesn't take care of me, and I don't live with her but that still applies to me.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2016

First, consider what you want to accomplish. Do you need to enter into contracts such as a residential lease or the acquiring of credit? If there are significant things that you want to do, but the disability of being a minor is stopping you from doing so, yes, go for court removal of disability.

1 Answer | Asked in Family Law and Juvenile Law for Florida on
Q: What are all the steps involved to be emancipated as a 16 year old, working mom in Florida?

Approximately how long does it take to be emancipated? Had a little conflict with my mom and brought it to her attention to move to Chicago with my child's father for better opportunities for our daughter and a chance to have a family. My mom told me if I want to go to get emancipated because... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2016

The following Florida statute sets out the procedure:

"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...
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1 Answer | Asked in Adoption, Child Custody and Juvenile Law for Florida on
Q: How can I change my daughters last name or add a father to her birth certificate?

I have a one year old daughter and her father is not in our lives at all. He is not on her birth certificate and she has my last name. I've been with this guy since my daughter was a newborn and she calls him daddy and he treats her like his own. We were wondering how we could go about giving... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 5, 2016

To get him named on the birth certificate, he would have to adopt the child. Normally this requires that he and you first be married. In an adoption proceeding, the biological father would have to be notified, although his consent may well be not necessary.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Juvenile Law for Florida on
Q: Is it considered kidnapping if I leave back to MI where child was born without consent? We were never married.

We moved to FL 9 months ago. Split up shortly after. We have 2 yr old son. We have nothing through court system no court orders or child support. He lives an hr away from me in a diff county than me. He promises to help with things and money but never does or has. He gave one pack diapers and 1... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 16, 2016

What you were told is essentially correct. What you mean is that a Florida COURT could (but not necessarily would) order you to return the child to FLORIDA should the father sue you for such an order.

There are many ways you would be able to prove that the child was first back in Michigan....
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1 Answer | Asked in Criminal Law and Juvenile Law for Florida on
Q: If my mom was arrested and they left me home alone is that illegal? I'm 14 years old. I live in Florida.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 7, 2016

If you mom is the only adult in your home, no, they should have not left you alone. Contact the law enforcement agency which arrested your mother and ask them what they intend to do about you.

1 Answer | Asked in Juvenile Law for Florida on
Q: Can a 13 year old have sex with a 14 year old in Florida without punishment by law
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 1, 2016

" Sexual intercourse with someone at least 13 years of age and less than 16 years of age is illegal unless the defendant is less than four years older than the victim ..." So yes, such conduct would not be criminal.

1 Answer | Asked in Family Law and Juvenile Law for Florida on
Q: emancipation of a minor packet, how do I get one and cost to file the paperwork. Do I need a Lawyer to file

The minor is 17 and my granddaughter. My wife and I have legal guardianship granted by the courts in Ohio. Her mother died by the hands of her husband a year and half ago. After 8 months living with my wife and I, she wants to go back to Ohio to finish school,eat, sleep and live there. Please help,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 24, 2016

You should contact the clerk of court for the county in which you are located. I strongly doubt that the court has a packet for an emancipation petition, but you can ask. Since she intends to return to Ohio, you could also ask a court clerk there; a Florida court might be reluctant to act when... View More

1 Answer | Asked in Juvenile Law for Florida on
Q: If a 12 year old found a pair of beats worth (200$) and in less than 5 minutes he gave em to another any jail time?

he had them in his hand less than 5 minutes... How long could he go to jail for? hes 12? He gave em to another student

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 23, 2016

I can't find a definition which fits for the word "beats", but no matter; a 12-year old prosecuted for theft of something worth some $200 is not likely to face jail time. What, by the way, does it matter how long he had them?

1 Answer | Asked in Criminal Law and Juvenile Law for Florida on
Q: I am 4 months away from being 18 can I be arrested for refusing to piss in a cup or put on probation ?
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 16, 2016

Are you on probation currently? If not, why were you asked to submit to a urine analysis test?

1 Answer | Asked in Juvenile Law for Florida on
Q: my daughter is 13 years old and is pregnant by a boy who is almost 17 what are my rights? ? What do I do ??

We live in Florida and I don't want her to have a baby this young. He told her she can be a adult now and don't have to listen to anything I tell her, she can go and come as she pleases and do whatever she wants . they planned this.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 4, 2016

What he is telling her is incorrect. A 13 year old girl is still a minor and is subject to the control of her parents. She can, however, decide to have the baby.

1 Answer | Asked in Juvenile Law for Florida on
Q: Can I move out at 18 in Florida legally?

Just wanting to know

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 3, 2016

Yes, unless you have been adjudged to be incapacitated.

1 Answer | Asked in Juvenile Law for Florida on
Q: How do I decide on a lawyer?How do I know the best one for me?Also, are their ones that work probono or for less

I have a 17yr old that made a stupid mistake and is very regretful but is now facing jail time. I want to help him as best that I can but I have 5 children and I myself don't work and I can't afford all this but people keep telling me to get an attorney now and I don't want a public... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 3, 2016

You go with the public defender and make sure that he or she does what's needed.

If people are telling you to hire someone else, politely let them know that you don't have the funds to do so.

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