Petitioning for Emancipation from a Parent or Guardian

 Posted on July 02,2014 in Family Law

Society encourage parents or guardians to care for minors because the law recognizes that children under the age of 18 typically lack the ability or capacity to manage their own affairs or to live independently. This is not true across the board, though. The law also recognizes that some minors grow up faster than others and need the legal authority to provide for themselves. The Emancipation of Minors Act provides mature minors between 16 and 18 years old with the means to obtain that legal authority.

A minor may petition for emancipation in the county in which he resides or is found, where he possesses property, or in which a pending court action could affect his interests. It is important to note that a parent, guardian or friend may also petition on the minor’s behalf, but that the minor must consent. The petition must set forth:

• The minor’s age;
• That the minor is an Illinois resident, owns real estate in Illinois or is a party to a case pending in the state;
• The reason the minor is seeking partial or complete emancipation; and
• The names and address (if available) of the minor’s parents, guardian or appointed custodians.

The petition must also establish the minor’s maturity. He must demonstrate that he is able to take care of his own affairs, and that he has completely or even partially independent of his parents or guardian. (Note that the requirements are a little different if petitioning for emancipation as a homeless minor.) There will then be a hearing to determine whether it is in the best interests of the minor and his family to grant complete or partial emancipation.

The Difference Between Complete and Partial Emancipation

A wholly emancipated minor has the authority to enter into valid legal contracts, such as a marriage or business contract or a rental agreement. He also has the right and the responsibility to manage his own affairs, including his finances. A partially emancipated minor has limited rights and responsibilities that are defined by the court. For example, the minor may only be emancipated for a certain period of time or for some special purpose, such as the right to earn and spend his own wages. The minor might also seek partial emancipation in order to make an independent decision about a pregnancy or similar issue.

A partial or complete emancipation order remains under court jurisdiction until the minor is 18 years old. Up until that point, the court may terminate or modify an existing order. A new court order would act prospectively, which means it would not affect any rights or obligations that existed before the modification or termination. In other words, a court order cannot undo the actions taken by a legally emancipated minor.

As noted above, a petition for emancipation cannot be ordered without the minor’s consent. Just as importantly, emancipation generally will not be granted without consent from the minor’s parents or guardian. Illinois law strives to protect the integrity of the family and the best interests of children. Our experienced family law attorneys strive to do the same. Contact a Kane County family law attorney today if you are considering a petition for emancipation. We can assist those in the St. Charles area.