Florida Laws About Moving Out of Your Parents' Home

By Monty Dayton
While emancipation can seem like a good idea, there's a lot to look at first.

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Florida minors who want to move out of their parents' home will find very limited options. Emancipation guidelines stipulate that the minor must be at least 16 years old, able to display a clear need to be emancipated and also have both parents or guardian's permission. Even if a minor meets all those requirements, a judge makes the final ruling. The only other option for a child to legally move out of a parents' home in Florida is turning 18, at which point that child is a legal adult.

Disability of Nonage

When talking about emancipation it's important to know what rules in Florida restrict minors from exercising certain rights, such as living wherever they choose. "Disability of Nonage" refers to the list of rights minors don't have because of their age. This means that any individual under 18 years of age does not enjoy the same rights as legal adults in the state of Florida. Because of this, in most situations kids will not be able to move out of their parents' home before they turn 18.

Exceptions to Disability of Nonage

In the state of Florida, only two exceptions exist to the diability of nonage, which allows for emancipation of a minor. The first exception states that a minor can apply for emancipation if she is married due to pregnancy. The second exception states that a 17-year-old minor may be granted emancipation to enlist in the military. Both of these emancipation qualifications can only be used if the parents give full permission. Without parental permission, early military enlistment or marriage of a minor will not be allowed.

Lost Benefits

Even if the courts grant emancipation due to marriage or military enlistment, it's important for individuals to know that they do lose certain legal protections given to them by state law. For example, if emancipation is granted then parents no longer have any responsibility to provide for the emancipated child in regards to money, shelter, or any other type of support.

Parents Rights

In the state of Florida, at the end of the day, parents enjoy full rights over their children as long as there is no abuse. Parents have no obligation to allow their kids to leave home before they turn 18 and only have the option to allow it to happen if a marriage or military enlistment is involved. Even if one of these potential situations is in play, parents do not have to allow emancipation until the child turns 18 years old.

About the Author

Monty Dayton is a professional freelance writer who has worked for the ACLU, Touchstone Publishing LLC, the University of Alaska, Fairbanks and many other employers. He holds a Master of Fine Arts in creative writing from the University of Alaska and loves writing about travel, the outdoors and health topics.