Does a minor seeking emancipation in Illinois required to show cause in court?

Full question:

My father expired last year. My mom is a habitual drunkard. At present, I am staying with my mom because I am a minor, but I am planning to apply for emancipation so that I can leave my mom’s house and live independently. Do I need to tell the court reasons for seeking emancipation? I am a resident of Illinois.

  • Category: Minors
  • Subcategory: Emancipation of Minor
  • Date:
  • State: Illinois

Answer:

Per 750 ILCS 30/7, the petition for emancipation is required to mention the reasons for which the minor is seeking partial or complete emancipation along with the age of the minor, the names and addresses of the minor's parents or guardians or custodians. The petition is also required to state that the minor is a resident of Illinois, minor is a mature minor and that the minor has lived wholly or partially independent of his parents or guardian.

750 ILCS 30/7 reads:
 
“The petition for emancipation shall be verified and shall set forth: (1) the age of the minor; (2) that the minor is a resident of Illinois at the time of the filing of the petition, or owns real estate in Illinois, or has an interest or is a party in any case pending in Illinois; (3) the cause for which the minor seeks to obtain partial or complete emancipation; (4) the names of the minor's parents, and the address, if living; (5) the names and addresses of any guardians or custodians appointed for the minor; (6) that the minor is (i) a mature minor who has demonstrated the ability and capacity to manage his own affairs or (ii) a homeless minor who is located in this State; and (7) that the minor has lived wholly or partially independent of his parents or guardian.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A good reason for emancipation typically involves demonstrating that you can manage your own affairs and live independently. Common reasons include escaping an abusive or neglectful home environment, financial independence, or the ability to support yourself through employment. In Illinois, you must provide specific reasons in your petition for emancipation (750 ILCS 30/7).