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Emancipation of Minors in Illinois

Posted on in Family Law

emancipation of minors, DuPage County family law attorneysWhile typically a minor is under his or her parent's’ care and control until the age of 18, there may be some circumstances where it makes sense for a minor to be legally emancipated before this age. If you need to know more about emancipation, you should contact a knowledgeable family law attorney to answer any of your questions.

Emancipation

In Illinois, emancipation is governed by the Emancipation of Minors Act. Most children are under the control of their parents until they are 18. However, some 16 or 17-year-olds can get a special judicial order that legally emancipates them from their parents.

Emancipation is for “mature minors” ages 16 and 17. It allows them to legally live away from their parents and, for the most part, be treated like an adult. Emancipated minors are legally allowed to enter into contracts, rent apartments, apply for certain government programs, and make their own decisions about where they live and go to school.

Purpose of Emancipation

Emancipation is meant to solve the legal problem of minors who live on their own, but are not able to find a landlord who will rent to them or may be forced to go back to their parents’ house otherwise. Emancipation is not for minors who still need the support of their parents or who do not have safe and stable housing to live independently.

Requirements for Emancipation

Emancipation is not a matter to be taken lightly, and the court will not grant emancipation unless there is a distinct need for it. It is especially difficult to get emancipation if your parents object to your emancipation, you still need their financial help, you do not have a place to live independently, you are not able to convince the judge you are “mature”, or if there is no particular reason that you need to be emancipated. One must also consent to the emancipation and parents cannot make you get emancipated unilaterally.

Partial Emancipation

In Illinois there is also the option for partial emancipation. Partial emancipation is usually used to allow a young person to enter into certain programs that require emancipation. With partial emancipation, the parents may still be on the hook for financially supporting the minor.

Contact DuPage County Family Law Attorneys Today

If you are thinking that emancipation may be appropriate for your situation, or you are a parent who is trying to prevent your child from getting emancipation, you should contact skilled family law attorneys as soon as possible. Our passionate DuPage County family law attorneys at Davi Law Group, LLC can help you with all of your family law needs.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?actid=2094&chapterid=59 

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