QUESTION

Nephew to Emancipate.He is 16,17 in Feb.Has approval from mother,shares custody w/dad.Can he partially be dependent on other family as part of plan?

Asked on Nov 09th, 2018 on Family Law - Florida
More details to this question:
Nephew wants to emancipate with the approval of his mother who shares custody with father. He is currently 16 years old old and turns 17 in February. Can he be dependent on other family as part of his plan? For example, could moving in with his grandmother serve as part of his plan? He would have his own room. He would work part time to support food and other items. He would use public transportation to get to school and/or work and his grandmother could also drive him to school. He currently has a learner's permit but could he use this alone to drive himself? If so, he will have his own vehicle. This is in the state of Florida.
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1 ANSWER
Answered on Nov 25th, 2018 at 1:48 PM
Thank you for your question.  You didn’t provide any information as to why your nephew wants to emancipate and that may be important. (Ex.: Does he want to marry, joint the military, sign contracts, etc.?)  However, I will help you as much as I can. To begin, moving in with his grandmother has no bearing on his becoming emancipated. There is no ‘plan’ when one is emancipated - an emancipated person is free to live wherever he or she is welcome as would be true for any other legal adult. Once emancipated, he is legally caabe of signing a lease to rent his living quarters. However, be careful in the use of the word ‘dependent’. If you are asking if the grandmother can declare your nephew as a dependent for tax deduction purposes, she will need to consult with her tax professional. The Internal Revenue Code has very stringent rules as to who can declare someone as a ‘dependent’ for tax purposes. Finally, regarding his driver license he is still subject to the Florida driver license law. If he only has a learner’s permit, he will still to have another adult accompany him per the existing law regardless of his emancipation. Once he has his full driver license, he should be OK. I hope this helps, and best wishes to your nephew

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