Possibilities of emancipation

[Zion all]

“Possibilities of emancipation in Illinois”, my name is Zion and I want to know the possibility of myself a sixteen year old becoming emancipated under my circumstances. So my mother was very neglectful and a result had her kids taken from her, she had to complete a class to get us back and she has done so. I do not wish to go back so I started my journey towards this process, I got a job and make enough money to support myself and I discussed my situation with my aunt and asked if I could live with her and she agreed. I told my mom about becoming emancipated and she said no and that she was gonna fight it. Can I still become emancipated when I make enough money and have a place to stay at, even tho mom will fight so I stay in her care.

 

[quincy]

“Possibilities of emancipation in Illinois”, my name is Zion and I want to know the possibility of myself a sixteen year old becoming emancipated under my circumstances. So my mother was very neglectful and a result had her kids taken from her, she had to complete a class to get us back and she has done so. I do not wish to go back so I started my journey towards this process, I got a job and make enough money to support myself and I discussed my situation with my aunt and asked if I could live with her and she agreed. I told my mom about becoming emancipated and she said no and that she was gonna fight it. Can I still become emancipated when I make enough money and have a place to stay at, even tho mom will fight so I stay in her care.

You would need to show you can support yourself - and that includes being able to provide your own housing. You cannot move from one adult’s house to another adult’s house, in other words.

You might be able to have a judge consider a guardianship, where you could live with your aunt instead of your mother.

 

[cbg]

From the state website (bolding mine) a minor at least 16 years of age may become emancipated with a petition to the court. In such case, the minor must be able to prove that he or she is a mature minor who has demonstrated the ability and capacity to manage his or her own affairs and has lived independently, wholly or partially, from his or her parents or guardian. Before the petition is heard, the minor’s parents, guardian or other person entitled to custody must be notified and given an opportunity to object. Also, a judge must find that it is in the minor’s best interest to become emancipated. If circumstances change after the emancipation order has been granted, the court has the power to rescind the order and notify the minor’s parents or guardian.

So. Have you lived independently?

 

[Zion all]

From the state website (bolding mine) a minor at least 16 years of age may become emancipated with a petition to the court. In such case, the minor must be able to prove that he or she is a mature minor who has demonstrated the ability and capacity to manage his or her own affairs and has lived independently, wholly or partially, from his or her parents or guardian. Before the petition is heard, the minor’s parents, guardian or other person entitled to custody must be notified and given an opportunity to object. Also, a judge must find that it is in the minor’s best interest to become emancipated. If circumstances change after the emancipation order has been granted, the court has the power to rescind the order and notify the minor’s parents or guardian.

So. Have you lived independently?

 

[adjusterjack]

I do not wish to go back

As long as you are living with your Aunt (per PM) you aren't likely to get a court to agree on emancipation.

Is there any chance that your Aunt and your mother could reach an agreement allowing you to stay with your Aunt for a time, without getting the court involved?

Are you in school?

 

[cbg]

The chances that you will be emancipated are very, very slim.

If your mother agrees, the chances that you will be allowed to live with your aunt without being emancipated are better.

 

[commentator]

You sound thoughtful and mature. However, there's one thing you may not, at this age, have considered. As long as you live with your mother, you are, to her, to some extent, a money maker. Does your mother receive any child support for you? What about Medicaid healthcare coverage for you, any form of public assistance, even down to does your mother claim you on her taxes? If so, then why would she agree to letting you go two years early, when your being with her is worth at least several thousand dollars a year to her?

It is possible, if she is a certain type of individual, that she would let you STAY with your aunt, as long as nothing legal takes place, so that she would get the compensations of having you in her family count, but you and she wouldn't have to live together. But it is highly unlikely she would ever agree to a legal custody situation where you live with your aunt. And even though you have a job, at sixteen, unless you have a really good and well paying job, (think professional athlete or child actor) you would have a very slim chance (as pointed out above) that the court would see you as someone who needs emancipation.