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9088765

Junior Member
What is the name of your state (only U.S. law)? Louisiana

I'm trying to get a sixteen year old out of the mess that is their life, but they're in illinois.
I'm seventeen & still living with my parents. In five months, I'll be 18. At the end of this year, my folks are going to help me get a driver's license & they're going to give me a vehicle that's been paid for for years & in great working condition. I'll be able to get my ged, a job, & a place a little before the middle of 2014. I don't go to school. I'm in a homeschooling program that costs 800$ a year that I've been in since...13, I think. Keeps me out of the court systems & I won't have to re-enroll myself after eighteen so, I could enroll him & schooling wouldn't be an issue. He's not living with his family & he isn't being treated right by who he's staying with. I have what I'd need to take care of him right now. What I don't have is a significant source of income & just driving to IL would cost 500$, if not more. So, yeah. I know I can get all of this done next year without a problem, I'm just wondering if there's anything I could do to speed up the process.
 


ecmst12

Senior Member
You will have no standing to file for custody and if you attempt to take in this child you could easily find yourself arrested for kidnapping. If the child is in danger,encourage him to go to a scool counselor or other mandated reporter for help.
 

stealth2

Under the Radar Member
Just because you turn 18 does not give you the right to take in some random minor. And if "he" is your boyfriend? Don't expect anyone to allow him to live with you. ESPECIALLY moving him out of state.
 

TheGeekess

Keeper of the Kraken
In IL you can get emancipated at 16.
So, what if he gets that done?
Your "friend" can't meet the requirements for emancipation, if what you've told us is his situation-and it certainly won't happen without the consent of parents/guardians. :cool:
 

9088765

Junior Member
Your "friend" can't meet the requirements for emancipation, if what you've told us is his situation-and it certainly won't happen without the consent of parents/guardians. :cool:
The consent of his folks isn't an issue.
What requirements must he meet?
 

OHRoadwarrior

Senior Member
The consent of his folks isn't an issue.
What requirements must he meet?
He must be 19 or petition the court and have them determine he is worthy of emancipation. As there are no specific outlines for this to occur, a track record of living alone, with an income of about $35k or more might get them to grant it.
 

stealth2

Under the Radar Member
The court will most likely require that he be self-sufficient. In other words, that he is able to generate enough income to pay for housing (w/o needing a roommate), food, transportation (and if that includes owning a car, paying for maintenance, gas, valid insurance, registration fees, etc.), medical care, incidentals, clothing and incidentals, while still maintaining the ability to continue his education.

Seriously - this is very unlikely to happen.
 

cbg

I'm a Northern Girl
So many of you children (and yes, legally you are still a child) believe that all it takes to get emancipated is to walk into a court, fill out a form, and come out a legal adult. It doesn't work that way. Emancipation is not and never was intended to be a means to allow a minor to leave home; it was and is intended to be a means to provide legal protections to those minors who, for reasons outside their own control, found themselves living on their own. Unless your friend is, with the express or implied permission of his parents, living on his own and paying all of his own support, which includes but is not limited to rent (and I mean market rate, not a token few dollars for living in someone else's home), utilities, food, clothing, transportation, insurance, medical care, staples, school fees and supplies, etc., while still going to school and getting better than average grades, emancipation is a non-starter.
 

TheGeekess

Keeper of the Kraken
(750 ILCS 30/1) (from Ch. 40, par. 2201)
Sec. 1. Short title. This Act may be cited as the Emancipation of Minors Act.
(Source: P.A. 93-105, eff. 7-8-03.)

(750 ILCS 30/2) (from Ch. 40, par. 2202)
Sec. 2. Purpose and policy. The purpose of this Act is to provide a means by which a mature minor who has demonstrated the ability and capacity to manage his own affairs and to live wholly or partially independent of his parents or guardian, may obtain the legal status of an emancipated person with power to enter into valid legal contracts. This Act is also intended (i) to provide a means by which a homeless minor who is seeking assistance may have the authority to consent, independent of his or her parents or guardian, to receive shelter, housing, and services provided by a licensed agency that has the ability and willingness to serve the homeless minor and (ii) to do so without requiring the delay or difficulty of first holding a hearing.
This Act is not intended to interfere with the integrity of the family or the rights of parents and their children. 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. No petition may be filed for the partial emancipation of a homeless minor unless appropriate attempts have been made to reunify the homeless minor with his or her family through the services of a Comprehensive Community Based Youth Services Agency. This Act does not limit or exclude any other means either in statute or case law by which a minor may become emancipated.
(Source: P.A. 93-105, eff. 7-8-03.)

(750 ILCS 30/3) (from Ch. 40, par. 2203)
Sec. 3. Definitions. Terms used in this Act, unless the context otherwise requires, have the meanings ascribed to them in Sections 3-1 through 3-5.
(Source: P.A. 81-833.)

(750 ILCS 30/3-1) (from Ch. 40, par. 2203-1)
Sec. 3-1. Minor. "Minor" means a person 16 years of age or over, and under the age of 18 years, subject to this Act.
(Source: P.A. 81-833.)
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2094&ChapterID=59

Is it hard to be emancipated if you are between 16 and 18?

Yes and no. To get an emancipation order under the “Emancipation of Mature Minors Act” you must file a case in court and then convince the judge that you are a “mature” minor. You may find it difficult to get the judge to order that you be emancipated if:

Your parents object to your emancipation
You are seeking emancipation in order to qualify for public aid and you have no other income
You cannot prove you are mature
You still live with your parents and are wholly supported by them
http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=3221
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? Louisiana

I'm trying to get a sixteen year old out of the mess that is their life, but they're in illinois.
I'm seventeen & still living with my parents. In five months, I'll be 18. At the end of this year, my folks are going to help me get a driver's license & they're going to give me a vehicle that's been paid for for years & in great working condition. I'll be able to get my ged, a job, & a place a little before the middle of 2014. I don't go to school. I'm in a homeschooling program that costs 800$ a year that I've been in since...13, I think. Keeps me out of the court systems & I won't have to re-enroll myself after eighteen so, I could enroll him & schooling wouldn't be an issue. He's not living with his family & he isn't being treated right by who he's staying with. I have what I'd need to take care of him right now. What I don't have is a significant source of income & just driving to IL would cost 500$, if not more. So, yeah. I know I can get all of this done next year without a problem, I'm just wondering if there's anything I could do to speed up the process.

So, you're getting your driver's license and a car, what do you think that will do for you? What kind of job do you think you'll manage with the background and edcuation level you have now? You won't even be able to support yourself, let alone someone else.

What does homeschooling have to do with you being in the court system?
 

CJane

Senior Member
What does homeschooling have to do with you being in the court system?
I'm thinking that the poster is 'enrolled' in a homeschooling program to avoid being considered truant, but has not progressed in his/her education since being removed from public schools at the age of 13.
 

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