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legal property rights of a minor in Illinois

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bleedglory

Junior Member
I live in Illinois.

Not sure if this is the correct place to post this. If not, I apologize.

Anyway, I as wondering what rights a minor in the state of Illinois has in regards to parental disputes.

More specifically, I'm wondering about property rights. I am 17. I have a job and have had it for almost two years, making my own money. They say they can do whatever they want with my money and any property I consider mine. I've boughten some valuables (to me) with the money I've earned (a laptop, for example) and I'd like to know if there's anything I can do to prevent them from prohibiting my use of it, physically taking it from me, and temporarily giving it to a friend/relative to keep until they say. That sort of thing.

Moreover, is there anything else I can do, as a minor of 17 in Illinois, to reinforce my ownership (and use) of "my" own property short of being emancipate?

Thanks,
 


TinkerBelleLuvr

Senior Member
Are you saying that you are "grounded" from your computer that you purchased?

Are you PAYING for the electricity or internet connection?

Did you get lippy with a parent? Fail to follow the rules?

My favorite punishment, when I got lip, was to take the modem to work with me. Yes, they had the computer to do homework, but NO internet connection.

Temporarily depriving you of personal items did get your attention, didn't it? Might I suggest that you suck up big time to the parents and stay on their better side. Cuz you know what? They can permanently deprive you of it.
 

BL

Senior Member
I live in Illinois.

Not sure if this is the correct place to post this. If not, I apologize.

Anyway, I as wondering what rights a minor in the state of Illinois has in regards to parental disputes.

More specifically, I'm wondering about property rights. I am 17. I have a job and have had it for almost two years, making my own money. They say they can do whatever they want with my money and any property I consider mine. I've boughten some valuables (to me) with the money I've earned (a laptop, for example) and I'd like to know if there's anything I can do to prevent them from prohibiting my use of it, physically taking it from me, and temporarily giving it to a friend/relative to keep until they say. That sort of thing.

Moreover, is there anything else I can do, as a minor of 17 in Illinois, to reinforce my ownership (and use) of "my" own property short of being emancipate?

Thanks,
In other words , you're asking if they can take and put up / deprive you of entertainment , etc . to try and discipline you ?

That you are 17 and have a mind you can do what you please while living under your parents roof ?

Yes , they can .

When you're 18 you can move out of their home and do as you please .

Why not try to just get along , do your chores and what's ask of you ?

Simple huh ?
 

bleedglory

Junior Member
Are you saying that you are "grounded" from your computer that you purchased?
Perhaps that is why I'm asking these questions, to see if they can legally "ground" me from something I purchased with the money I earned.

Are you PAYING for the electricity or internet connection?
Electricity, no. Internet connection, yes.

Did you get lippy with a parent?
Indeed.

Fail to follow the rules?
No, I did not fail to follow the "rules" because there were no preceding "rules." Regardless, it is irrelevant.

My favorite punishment, when I got lip, was to take the modem to work with me. Yes, they had the computer to do homework, but NO internet connection.
I bought the modem with my own money, too.

Temporarily depriving you of personal items did get your attention, didn't it?
Not really, no. They haven't taken it.

Might I suggest that you suck up big time to the parents and stay on their better side. Cuz you know what?
No, thanks.

They can permanently deprive you of it.
As in destroy it? Is that legal?

Now that I've answered all of YOUR questions, perhaps you can take the time to answer some of mine.
 

bleedglory

Junior Member
In other words , you're asking if they can take and put up / deprive you of entertainment , etc . to try and discipline you ?

That you are 17 and have a mind you can do what you please while living under your parents roof ?

Yes , they can .

When you're 18 you can move out of their home and do as you please .

Why not try to just get along , do your chores and what's ask of you ?

Simple huh ?
No, not entertainment. Business practices, primarily. I'd rather move out, but I can't get emancipated without their approval (by Illinois law). So, can you answer my questions regarding LAW and not regarding my personal life?
 

bleedglory

Junior Member
you can do what you please while living under your parents roof ?
Not whatever I please. Only whatever I please with things I've purchased with money I've earned.

Moreover, the whole purpose for creating this thread was to find my legal rights on the issue, not to get scolded from people who don't know the whole scenario.

So, I'll ask (my main concern) once more: what legal rights do minors have towards property, more specifically, property they've purchased with money they've earned from being legally employed? Are there any (Illinois) government websites you could point me to that could specify this?

If you do decide to give me a true answer this time around, I would truly appreciate it.
 

mommyof4

Senior Member
Every cent you earn and every bit of property you 'own' legally belongs to your parents.

You are allowed to work only with parental consent. You are allowed to use the money you earn at your job (that your parents allow you to work) to purchase anything only wtih parental consent.


In order to have the right to hold property in your name and to keep any and all earnings without your parents having the right to confiscate any of it, you would have to be emancipated by the court. Don't even ask if that is possible. It's not. You have no grounds that would recommend to a court that you need to be emancipated and if there is any objection from the parents or guardian of the minor, the petition is denied.

That is the legally correct answer.

ETA: Sorry. I just saw that you already are aware of the fact that you are not a viable candidate for emancipation.
 
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BL

Senior Member
Illinois law recognizes the superior rights of the parents in raising their children free from interference.
 

bleedglory

Junior Member
Every cent you earn and every bit of property you 'own' legally belongs to your parents.

You are allowed to work only with parental consent. You are allowed to use the money you earn at your job (that your parents allow you to work) to purchase anything only wtih parental consent.

That is the legally correct answer.
Thank you for the straight answer. I appreciate that. So since they legally own all of "my" property, they can legally do whatever they wish with it, including confiscating it and destroying it? In this case, they could physically destroy my laptop without any ramifications? That doesn't seem right. Once I turn 18, does all of the property I've purchased default back to me, or do they own things I've earned as a minor? Do you have any sources for this? (I'm not doubting you're right, I was just hoping for a clause on an IL gov website, if possible)

Illinois law recognizes the superior rights of the parents in raising their children free from interference.
What does that even mean though? Sounds like interference from non family, not the child itself.

Is there a legal definition for abuse? What rights do I have, as a minor? Any? Any online government resources anyone would care to share?

Thank you.
 

mommyof4

Senior Member
As the Illinois statute for emancipation makes it clear that full emancipation (partial emancipation is a bit different as it only applies to specifics set out by a court) gives you the right to contract and hold property, it is clear that before a minor is emancipated, that minor does NOT hold those rights. A minor must sue in court (and prevail) in order to have the rights you are asking about.

Does that help?

Illinois courts (as well as federal) have consistently held that a minor's costitutional rights are limited.
 

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