Emancipation or Transfer of legal guardianship of a Minor

[Unshattera.bl]

Hello there.

I have an issue. I'm a minor, a few months shy of 16, and native Illinois resident. I need to emancipate for a few reasons, namely, for education and my current lifestyle won't last safely much longer. Neither of my legal guardians will consent to emancipation or transfer of parental rights, even though I have repeatedly made it clear it is my decision, so I don't just waste my life away, as my current get up, game, and go to bed life is going to turn into a life of stupidity, insanity, and likely crime if I comtinue like this much longer. It's already been 3 years like this, another 3 won't be easily handled.

I have no intent of using anything against them, as I've stated previously, it's not what they've done or what they're doing that is making my leave, it's what they are unable to provide.

I have a life plan, and a living quarters stable for at least 6 years unless the world comes to an end before then.

I can see why and where their concern is from and going, and I respect that, but they are unable to comprehend, and even unwilling in a few cases, why I must leave.

I have offered to maintain contact, never drag them legally through the mud, and not request assistance from them. Additionally, I have the approval of my birth father, step Mother, legal guardians birth mother, and a few others.

I can afford basic Court fees, but my grand legal budget cannot be over about $200, as I am a minor, and cannot get a job due to my location of residence.

What do I do about this?

Thanks.
--S

Update: It appears I may have posted this in the Juvenile Law section instead of the Child Custody section. If this is my fault, I apologize, and feel free to move the thread to the proper section.

 

[justalayman]

Given the law requires you to be living seperate from your parents/guardians and be able to prove you can provide for yourself and handle your own affairs at the time of petitioning the court, you simply
Do not qualify for emancipation.

 

[Unshattera.bl]

you simply Do not qualify for emancipation.

That's what I feared, but it seemed imminent.


What other options are there? I mean, I understand why and that they would be limited, but I would think that if I could find a judge with even a slight sense of value of human life, he would side with me. Only issue being what legal action can he enforce without causing a massive amount of unnessecary pain on my guardians.

Additionally, I feel responsible for any fees associated with any action taken.

 

[CTU]

That's what I feared, but it seemed imminent.


What other options are there? I mean, I understand why and that they would be limited, but I would think that if I could find a judge with even a slight sense of value of human life, he would side with me. Only issue being what legal action can he enforce without causing a massive amount of unnessecary pain on my guardians.

Additionally, I feel responsible for any fees associated with any action taken.

Emancipation is not, never was, and never will be a tool to enable a minor to escape from their parents/guardians.

It's meant to enable a minor who, through no fault of their own (ex: parents killed in plane crash) need the legal ability to get the power switched to their own name, etc. The court will go out of its way to find a reason to deny a petition ... for good reason.

Sorry, but no - you will not be emancipated. Period. Even if.

 

[Unshattera.bl]

Sorry, but no - you will not be emancipated. Period. Even if.

I understand emancipation is out of the question, and thank you for clarifying its intent, however, I am willing to conclude you didn't read my entire post, or you would see it wasnever about escaping - they have done nothing wrong, and I am also well aware emancipation isn't the only option.


I wonder what would've happened if I had asked as if I was an adult instead. Hmmm...

 

[quincy]

Hello there.

... I'm a minor, a few months shy of 16, and native Illinois resident. I need to emancipate for a few reasons, namely, for education and ... so I don't just waste my life away, as my current get up, game, and go to bed life is going to turn into a life of stupidity, insanity, and likely crime if I comtinue like this much longer.

... I have a life plan ...

... my grand legal budget cannot be over about $200, as I am a minor, and cannot get a job due to my location of residence ...

Although I hesitate to ask, what exactly is this "life plan" of yours?

Are you currently in school?

Why does the location of your residence preclude you getting a job?

 

[Unshattera.bl]

Although I hesitate to ask, what exactly is this "life plan" of yours?

Are you currently in school?

Why does the location of your residence preclude you getting a job?

I was trying to state that I wasn't just trying to run away, but since I failed to clarify, I plan on getting my masters in game development at FullSail University in Florida, then it's hazy from there, as at takes 5 years, but likely make a feeble attempt at weapons systems development, potentially medium engine and Artifical Intelligence as well.

No. I haven't been since the three years started. My school shut down, and it was deemed I was not able to learn from the schooling methods at my disposal after a physiological overreview.

I live 8 miles out of the nearest town, and since I'm 15, I can't drive. My guardians are both in bad health, so they can't just freely drive me every day either. Our schedules and finances will not cooperate, as we have routines on weekdays that would disrupt either my health, or my work schedule should it be possible. Additionally, I don't go well with people face to face I don't see literally constantly.


I was hoping to be able to finish developing a few starter games and apps, and go from there in a feeble attempt at making a bit of money to send back to support them, and eventually enough to support me, but I currently don't have all of the required knowledge.

I apologize for the wall of text, and greatly appreciate your willingness to help!

 

[quincy]

I was trying to state that I wasn't just trying to run away, but since I failed to clarify, I plan on getting my masters in game development at FullSail University in Florida, then it's hazy from there, as at takes 5 years, but likely make a feeble attempt at weapons systems development, potentially medium engine and Artifical Intelligence as well.

No. I haven't been since the three years started. My school shut down, and it was deemed I was not able to learn from the schooling methods at my disposal after a physiological overreview.

I live 8 miles out of the nearest town, and since I'm 15, I can't drive. My guardians are both in bad health, so they can't just freely drive me every day either. Our schedules and finances will not cooperate, as we have routines on weekdays that would disrupt either my health, or my work schedule should it be possible. Additionally, I don't go well with people face to face I don't see literally constantly.


I was hoping to be able to finish developing a few starter games and apps, and go from there in a feeble attempt at making a bit of money to send back to support them, and eventually enough to support me, but I currently don't have all of the required knowledge.

I apologize for the wall of text, and greatly appreciate your willingness to help!

Thank you for explaining more fully your home situation, Unshattera.bl.

Based on what you have said, I agree with you that your situation is not ideal for a 15-year-old. Emancipation, however, does not appear to be a realistic option for you. A transfer of guardianship seems to be what is needed.

Your goals are good ones. That said, you will need to finish high school or get a GED in order to accomplish most of them.

Because I was not expecting your response, I have not had a chance to look into how you can go about getting from where you are now to where you want to be. I will see what I can find out for you and post back later.

As an aside: You write beautifully. That will serve you well in the future.

 

[Unshattera.bl]

I apologize for my sudden absence, there were a few matters I was required to attend, and rudely just vanished on you all, not to mention my horrendous skills pertaining to explanation.

I planned on recieving in my GED when I was at the new residence, as the wait times and laws in Illinois would be simply shooting both my feet.

Your assistance, and compliments are greatly appreciated, I am flattered by your kind words.

Is there any way in which I may be of some assistance? I understand should you have some further questions or comments before you are fully able to complete the regarding task at hand.

 

[quincy]

I apologize for my sudden absence, there were a few matters I was required to attend, and rudely just vanished on you all, not to mention my horrendous skills pertaining to explanation.

I planned on recieving in my GED when I was at the new residence, as the wait times and laws in Illinois would be simply shooting both my feet.

Your assistance, and compliments are greatly appreciated, I am flattered by your kind words.

Is there any way in which I may be of some assistance? I understand should you have some further questions or comments before you are fully able to complete the regarding task at hand.

I am waiting to hear back from a friend who works in family law in Illinois, which is why I have not responded sooner, but I do have a couple of questions.

Do you have a trusted adult family member or friend in your area who is available to assist you, should this assistance become necessary (e.g., your father, your stepmother, a former teacher or counselor)? Do you know anyone who is willing to act as your guardian (should a change in guardianship be approved by the court)?

It may be a short while before I get back to this thread with some information, but another forum member may have some advice for you.

 

[Unshattera.bl]

It may be a short while before I get back to this thread with some information, but another forum member may have some advice for you.

No problem. Take all the time you need.

I do have a few family members locally I could go to in the case I was going hungry, or without a roof, the entire family however, is bloodline poor, so monetary crisis are up to me (is that how the plural is spelled?).

Yes, I do. My entire issue thus far is that my current guardians are unwilling to sign me to another guardian. Due to safety - which I fully understand - however, even when I propose to transfer to a family member within a few miles from me, I then get the basic "We aren't giving you away", even though I have repeatedly assured them it's my choice, and the whole purpose was to support them and myself.

Another thing that concerns me is they have three adult children - all also adopted, all also constantly partially dependant on them financially. Additionally, they claim to have fostered over 30 children, but can only recall details on one. One of their adoptive children is my biological father, my biological mother not being a part of the picture. The financial issues strain my guardians greatly, and as such, I was hoping to aid in this situation. Unfortunately, me jumping to conclusions, I am starting to have doubts if it is really about my safety, or if they are in hopes of making me dependent as well - two of the children live 20 miles or less from them, and one 150. One can't drive, one can't work, and the other can't handle money. My guardians are well aware of my plans entirely - plus added daily contact is an active part of the offer I plan on fulfilling - so I don't see the motive behind it, however, I am not a parent, so I a, likely blinded by my own arrogance.

My apologies for my needless blabbering, I'm just not sure if I am even approaching from the right angle, and would like a neutral party perspective, I guess..

 

[quincy]

No problem. Take all the time you need.

I do have a few family members locally I could go to in the case I was going hungry, or without a roof, the entire family however, is bloodline poor, so monetary crisis are up to me (is that how the plural is spelled?).

Yes, I do. My entire issue thus far is that my current guardians are unwilling to sign me to another guardian. Due to safety - which I fully understand - however, even when I propose to transfer to a family member within a few miles from me, I then get the basic "We aren't giving you away", even though I have repeatedly assured them it's my choice, and the whole purpose was to support them and myself.

Another thing that concerns me is they have three adult children - all also adopted, all also constantly partially dependant on them financially. Additionally, they claim to have fostered over 30 children, but can only recall details on one. One of their adoptive children is my biological father, my biological mother not being a part of the picture. The financial issues strain my guardians greatly, and as such, I was hoping to aid in this situation. Unfortunately, me jumping to conclusions, I am starting to have doubts if it is really about my safety, or if they are in hopes of making me dependent as well - two of the children live 20 miles or less from them, and one 150. One can't drive, one can't work, and the other can't handle money. My guardians are well aware of my plans entirely - plus added daily contact is an active part of the offer I plan on fulfilling - so I don't see the motive behind it, however, I am not a parent, so I a, likely blinded by my own arrogance.

My apologies for my needless blabbering, I'm just not sure if I am even approaching from the right angle, and would like a neutral party perspective, I guess..

The plural of "crisis" is "crises" and I am sorry there are plural of them in your life.

It is good that your guardians appear to love you and want you to stay with them. My initial concern stemmed from your apparent lack of schooling. You said you have not been to school since you were 12? Do you have someone home-schooling you?

There is financial help available to low-income families in Illinois, if money is a continuing issue. Do you know if your guardians have looked into this?

At any rate, I do not expect to hear back from Illinois until tomorrow. Sorry.

 

[Unshattera.bl]

It happens to he best of us - no need to apologize.

I tried homeschooling for my seventh grade year, but due to one of my guardians working full time, and the other being mentally unfit to tutor, that did not help me either. Most of my knowledge has come from curiosity and research, or a need to solve a real problem, so I may not have all the schooling most my age do - but I feel I have more of what counts. I am, however, currently being tutored by a mathematics teacher for pre-calculus and trigonometry.

No. They get social security, and refuse any form of other aid, deeming it as "charity" and for those who couldn't support themselves at all. They will be alright on their own, could be better, but alright should they succefully downsize home in the next 18 or so months as planned.

Again, no need to apologize - I am more than grateful for your help. I'm not in an earth-shattering hurry, Help is help, so long as it doesn't come after the time it is needed is over, and that will not occur for a while.

 

[quincy]

... Additionally, I have the approval of my birth father, step Mother, legal guardians birth mother, and a few others ...

More questions: You have guardians for a reason. What is the reason you are not living with your father/stepmother?

Is this a court-ordered guardianship, an adoptive surrender signed by your parent(s), a voluntary placement agreement, protective custody?

It can be possible under some circumstances for a parent to request of the court that the guardianship of their child end and, if this is possible in your situation, it will simplify matters - this if your current guardians do not want to voluntarily surrender your care. It also simplifies matters if you have an appropriate person willing to take on the role of guardian.

You present yourself as educated, which is nice, but your schooling itself appears to be inadequate, which my friend in Illinois sees as a major problem.

Although I have been in contact with a family law attorney in Illinois, we also have posting to this forum a family law attorney who practices in Ohio (Ohiogal). I have asked her to look at your thread.

 

[Unshattera.bl]

Although I have been in contact with a family law attorney in Illinois, we also have posting to this forum a family law attorney who practices in Ohio (Ohiogal). I have asked her to look at your thread.

My birth mother has been married five times to four people. I am her oldest child, however, all of her children have been forcefully taken from her, except her youngest because she is running from the law using intimidation to keep him. My father realized at the time I was born he was unfit to be a father, as he was only 19, and signed release of custody papers for DCFS.

I don't know how well that will work, as I said, all of the Immediate family are on the same page, and for the most part working together, but I appreciate the input, and will be more than happy to press my luck doing so.

The schooling, or rather lack thereof, is a major issue, and will persist in being one unfortunately, regardless of how well-educated I are, or are not. I am unwilling to spend four years completing high school, hence, why I was applying to test for a GED, but it sounds like that may be an issue in itself. What do you suggest on the matter?

I appreciate all the people you have contacted, and help you provided - I just ask you do not burn out your resources in an attempt to help me with such an exotic and hurdling issue.

Thanks again.
--S