Emancipation in IL

[mandajean]

IL

I am 16 years old, turning 17 in November and I was wondering if I have a good enough of a reason to become emancipated. I have been debating on this since I was 15 years old.

I live with my mom, my little sister, and my mom's new boyfriend. Now my mom has never been the best at getting along with the people she dates. We spent the last 5 years living with my step-dad and it was horrible. They met in drug-rehab and for the first part of the their marriage everything was fine, that is until my mom and him started fighting. This was something that happened every night. Dishes would be thrown across the room over my head and there were numerous times when I was caught in the middle. My step-dad was quite abusive. There were times when he would hit me. My mom knew about all this, and she didn't do anything about it. We no longer live with him, but now she lives with her new boyfriend. He just got out of prison which is where he has been for the last five years of his life. Mom knew him before he went to prison and they had actually dated off and on in the past.

They don't get along so well either most of the time. My mom is an alcoholic. She is suppose to go to AA meetings every week but she barely ever goes anymore. Before her knew boyfriend got here she was doing pretty good about not drinking, but now it's getting bad again. I don't want to live in a house full of alcoholics and I don't want my little sister to have to go through what I have grown up with. So far she has though. No father and an alcoholic mother.

My mom has a really bad temper and has a tendancy to throw breakable things. It hasn't been so bad lately, but that is because she is never here. Just within the last month she has been helping my grandpa work for a little extra money but she never comes home when she says she will. After work she goes to the bar and doesn't come home until almost 10. Therefore I am stuck here babysit most of the time. I babysit, I cook, and I clean. If the dishes aren't done the second she walks in the door it is World War 3 in our living room.

There are many more things I could tell you, but I think I have written enough as it is. Please someone reply to this and tell me if you think I have any chance at all in getting emancipated. Thank you for your time.What is the name of your state?

 

[panther10758]

Quoting 750 ILCS 30/7 - Emancipation Petition
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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. If the minor seeks emancipation as a homeless minor, the petition shall also set forth the name of the youth transitional housing program that is willing and able to provide services and shelter or housing to the minor, the address of the program, and the name and phone number of the contact person at the program. The petition shall also briefly assert the reason that the services and shelter or housing to be offered are appropriate and necessary for the well‑being of the homeless minor.

 

[mandajean]

That didn't exactly answer my question though. Do you think I have a good enough reason for them to allow me to become emancipated?

 

[panther10758]

Your "reasons" mean nothing its if you meet criteria

 

[mandajean]

Ok what is the critieria that I would need to meet?

 

[Just Blue]

Ok what is the critieria that I would need to meet?

*sigh....If you actually read post #2 you would see that the criteria was listed.

*sigh*

 

[mandajean]

Well yes it is listed, but ya see I already knew these things. But when you actually petition for emancipation you have to state your reasoning on wanted or needing to get emancipated. What I am wanting to know is if that is a lagitament(I think i spelled that wrong) reason. Would they even consider granting me what I am asking for or would they just tell me to go on and wait until I am 18?

 

[panther10758]

Pay Attention

Quoting Illinois Emancipation Law
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Sec. 7. Petition.

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. If the minor seeks emancipation as a homeless minor, the petition shall also set forth the name of the youth transitional housing program that is willing and able to provide services and shelter or housing to the minor, the address of the program, and the name and phone number of the contact person at the program. The petition shall also briefly assert the reason that the services and shelter or housing to be offered are appropriate and necessary for the well‑being of the homeless minor.

* * *

Sec. 9. Hearing on petition.

(a) Mature minor. Before proceeding to a hearing on the petition for emancipation of a mature minor the court shall advise all persons present of the nature of the proceedings, and their rights and responsibilities if an order of emancipation should be entered.

If, after the hearing, the court determines that the minor is a mature minor who is of sound mind and has the capacity and maturity to manage his own affairs including his finances, and that the best interests of the minor and his family will be promoted by declaring the minor an emancipated minor, the court shall enter a finding that the minor is an emancipated minor within the meaning of this Act, or that the mature minor is partially emancipated with such limitations as the court by order deems appropriate. No order of complete or partial emancipation may be entered under this Act if there is any objection by the minor, his parents or guardian.

(b) Homeless minor. Upon the verified petition of a homeless minor, the court shall immediately grant partial emancipation for the sole purpose of allowing the homeless minor to consent to the receipt of services and shelter or housing provided by the youth transitional housing program named in the petition and to other services that the youth transitional housing program may arrange by referral. The court may require that a youth transitional housing program employee appear before the court at the time of the filing of the petition and may inquire into the facts asserted in the petition. No other hearing shall be scheduled in the case of a petition affecting a homeless minor, unless, after notice, a parent or guardian requests such a hearing. If such a hearing is requested, then the homeless minor must be present at the hearing. After the granting of partial emancipation to a homeless youth, if the youth transitional housing program determines that its facility and services are no longer appropriate for the minor or that another program is more appropriate for the minor, the program shall notify the court and the court, after a hearing, may modify its order.



Anything other than the above would be guesswork and nothing more! Your reasons (as stated) mean nothing its if you meet requiremnts. To my knowledge this site has no crystal ball so we cannot tell you anything outside what the law states

 

[mandajean]

ok thank you.