What are the valid grounds on which a minor may seek emancipation in Illinois?

Full question:

My parents are always quarreling with each other. I am a minor but I wish to leave my parents’ house by getting an emancipation order from the court. What are the things that the court may require me to state in my petition for 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, the age of the minor, the names and addresses of the minor's parents or guardians or custodians. The petition is 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

To become independent at 16, you may consider seeking emancipation through the court. In Illinois, you must demonstrate that you can manage your own affairs and have lived independently from your parents. You will need to file a petition that includes your age, residency, reasons for seeking emancipation, and information about your parents or guardians. It's important to show that you are mature enough to handle adult responsibilities.