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l Rights of Minors, Married Minors và Minor Parents

Legal Rights of Minors, Married Minors & Minor Parents

Many family law cases attempt Khủng define the parameters of the legal relationship between spouses ( before, during, & after marriage ), between parents và children, & between relevant non-nuclear family members, such as grandparents và siblings. One topic that escapes the public discourse relates lớn minors that are teenagers who face adult choices, but in the eye of the law, are still considered children. At what point are minors adults & when can they make their own decisions about their health, their environment, và whether Khủng be emancipated or not ?

The Legal Definition of “Minor” in Florida

Generally speaking, a person who is under the age of 18 years of age is considered lớn be a minor, và is the charge of his or her parents, who have the duty & obligation mập care for the minor until he or she reaches maturity. Until he or she reaches adulthood, the parents will determine where & how a child will be raised, any educational decisions, & any medical decisions, as well as consent for treatment of the minor. However, according béo Florida law, there are exceptions lớn this based on certain legal & physical conditions that provide a minor with the powers of an adult .

The Rights of the Married Minor

First & foremost, a minor that is married is no longer considered a legal minor. Once the minor is married, regardless of whether the marriage is ultimately dissolved or the minor becomes a widow or widower, the minor is no longer a legal minor. The minor will be able bự be responsible for his or her own estate, he or she has the power béo execute a contract on his / her own behalf, he or she can sue và can be sued, & can decide on any medical decisions & consent mập treatment on his or her own behalf .

Rights of Minors to Marry

For a minor lớn be able mập marry in Florida, the minimum legal age starts at 16 years. However, parental consent is not required if the parents are deceased or if the minor has married previously. If the minors are parents mập a child or are expecting parents bự a child ( with a written statement regarding the pregnancy from a licensed physician ), the county court judge can decide in his or her own discretion Khủng allow the minor parties béo marry .

Rights of Pregnant Minors and Minor Mothers

If a minor becomes pregnant & is not married, she is still considered béo be a legal ward of her parents, but as an expectant parent, she is permitted béo consent bự medical & surgical care that is related béo her pregnancy. However, any medical decision not related phệ her pregnancy would still be the decision of her parents. The determination of whether a medical decision is “ related Khủng the pregnancy ” is based on the circumstances surrounding the medical issue & treatment. The law has found that amniocentesis, prenatal care, & any type of hospitalization issues would be found by the Court Khủng be “ related lớn the pregnancy. ” The decision bự have an abortion in Florida, however, is governed by a constitutional amendment that requires parents béo be notified before an unmarried minor can have an abortion .
Birth does not emancipate the minor, either, nor does it emancipate the father of the baby. She is allowed lớn give consent for any medical decisions or treatment for her baby, but the parents must give consent for the minor mother’s medical treatment .

Legal Exceptions for Minors Seeking Health Services Without Parental Consent

Finally, the law has exceptions for certain health crises that affect minors và under the following circumstances, the minor may receive treatment without a parental consent :

• Sexually transmitted infections; minors may be educated on, tested, and treated for an STI.
• Contraceptive Information and Non-medical Services and Maternal Health Consultations.
• Substance abuse counseling and treatment
• Outpatient mental health diagnostic and emotional crisis services

Please tương tác West Palm Beach family law attorney William Wallshein for a confidential consultation .
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William Wallshein

Centurion Tower
1601 Forum Pl #602
West Palm Beach, FL 33401

Phone : 561-533-1221Fax : 561-688-0581Attorney Profile

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