Important Considerations for Emancipation in Illinois

 Posted on January 29, 2016 in Child Custody

When a minor is emancipated, there is no turning back. Emancipation makes a minor a legal adult. This means that a minor is not entitled to support from his or her parents. However, there are some cases where a court may order parents to support a partially emancipated minor. Minors and their parents should make sure they have considered the full impact of emancipation on their family, as emancipation will have important effects on a minor’s future decisions.

What Does Emancipation Allow?

Emancipation gives a minor the right to make decision that would normally be granted to an adult. Once a minor is emancipated, the minor will be able to:

• Sign a binding contract;
• Purchase real-estate or sign a lease;
• Enroll in a preferred school;
• Bring a legal claim before a court;
• Apply for a work permit; and
• Make health care decisions.

Emancipation will not allow minors to circumvent certain activities prohibited under the law or activities that require minors to first reach the age of majority, such as buying alcohol, quitting school, or voting in an election.

Reasons for Seeking Emancipation

There are many reasons a minor may want to seek emancipation. Reasons a court may consider as important include to:

• Escape physical or mental abuse;
• Sign legal documents a parent will not agree to sign; or
• Prevent parents/guardians from stealing inherited money or income.

If a minor simply disagrees with his or her parents about certain issues, there may be better solutions than seeking emancipation.

Becoming Emancipated in Illinois

Under Illinois law, a minor may seek emancipation from his or her parents through a judicial order. The minor must petition a court in order to become emancipated; a minor must be able to demonstrate to a court that he or she will be able to live independently from his or her parent. The criteria for emancipation are listed under the Illinois Emancipation of Minors Act. Often times it is difficult for minors seeking emancipation to receive an order because a minor must demonstrate that he or she is mature enough to manage his or her own financing and pay for housing.

What is Partial Emancipation?

There are instances when a minor will qualify for partial emancipation from his or her parents. Partial emancipation allows teenagers to live independently. This type of emancipation will allow a minor to use transitional housing with obtaining permission from his or her parents. However, it will not allow a minor to enter into contracts.

Let an Attorney Assist

If you are a minor considering emancipation or your child has expressed a desire to seek emancipation, then you should understand the impact emancipation may have on your family. Please contact the DuPage County family law attorneys at Davi Law Group, LLC to learn more about emancipation and how it may impact your family relationships. Contact us today to schedule an appointment for you and your family.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2094&