Once a minor is emancipated, he or she cannot revert to un-emancipated status. As a legal adult, the young man or woman is no longer entitled to parental support and will not be except for in rare circumstances. In these cases, the court may require the parents to continue to partially support the young man or woman, but generally, emancipation means the termination of the parents’ financial obligation to their child.
If you are considering seeking emancipation from your parents, take the time to consider this point completely. Emancipation means the end of any parental support – if you are not confident in your ability to provide for yourself for the rest of your life starting now, emancipation might not be the right choice. If you are considering attending college, understand that emancipation will release your parents from the obligation of helping you pay for your college expenses.
Becoming Emancipated in Illinois
In Illinois, it is possible for an adolescent between the ages of 16 and 18 to become emancipated from his or her parents through a judicial order. He or she must petition to the court to become emancipated, which requires a significant amount of proof of his or her ability to live independently of his or her parents. The requirements that an adolescent must meet to become emancipated are included in the Illinois Emancipation of Minors Act. It is often very difficult for a young man or woman to have an emancipation petition approved because he or she must prove that he or she is mature enough to handle his or her own finances and housing needs.
Emancipation grants the young adult the right to make certain adult decisions for himself or herself, such as entering legally binding agreements. It also eliminates the youth’s parents’ obligation to financially and otherwise support him or her.
What is Partial Emancipation?
There are some cases where a youth might qualify for partial, rather than total, emancipation from his or her parents. Partial emancipation is designed for homeless teenagers who are living with friends or independently. This type of emancipation allows a youth to enter transitional housing without parental consent, but it does not allow the minor to enter other types of legally-binding contracts.
To qualify for partial emancipation, an adolescent must have previously attempted to reunify with his or her family through a Comprehensive Community Based Youth Service Agency. There must also be an available space for him or her in a licensed transitional housing center. Partial emancipation is not available to adolescents who are under the guardianship of the Department of Child and Family Services.
Family Attorneys in DuPage County
If you are considering seeking an emancipation or you are a parent whose child has talked about becoming emancipated and you want to know what this may entail for you and your family, contact a skilled DuPage County family attorney at Abear Law Offices to learn more about this process and how it can affect your relationship with your child. We can answer any questions you have about family law topics and guide you toward the emancipation solution that is best for your child and your family.