When is a Child Emancipated Under Illinois Law?

 Posted on October 04, 2013 in Family Law

When a child is released from the custody of his or her parents or guardian that child is said to be emancipated under Illinois law. A child upon becoming 18 years old is automatically emancipated by Illinois law unless the child is disabled.

What is the legal result of being emancipated?

A child who is emancipated is no longer under the legal control of either parent. The parents no longer have the right to decide if the child goes to school or works or even where that child lives. The parents no longer have the right to discipline an emancipated child.

But, upon emancipation, the parents have no financial responsibility either to provide support for that child. Both parents are free of any obligation to provide child support for a child who is emancipated.

However, emancipated children of the divorced parents are different in one respect. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/513), the parent of a child whose parents were divorced although emancipated but not yet 23 years old but who is continuing his or her higher education by going to trade school, college or university has the right to seek contribution for such expenses from either or both parents.

Can I be emancipated prior to my 18th birthday?

Under Illinois law it is possible for a child between the ages of 16 and 18 to become emancipated under the "Emancipation of Mature Minors Act" (750 ILCS 30) by filing a lawsuit in court.

In order to win that case you have to first prove you are "a mature child." In order to prove you are mature you must convince a Judge. You can use witnesses as in any other case.

It is most helpful for you to show that you have a good school record or a good work record. Alternatively, that you have a solid plan hat involves your working a job on a regular basis. Likewise proving that your long-term goals are responsible is a step in the right direction.

You could also argue that you're caring for younger children or older people or do volunteer work as evidence of your "maturity." Keep in mind that you have to prove that will be self sufficient and likely to become on public aid.

Again, it is strictly up to the Judge's decision to grant or refuse your emancipation. Some other barriers to becoming emancipated between the ages of 16 and 18 are:

• Your parents object to your becoming emancipated;
• You're trying to be emancipated in order to obtain public aid and have no other income;
• You still live with your parents and they support you completely.

You can also ask the court to order your parents to continue to support you as part of an emancipation Court order so that the emancipation does not need to be complete. Obviously this may make your parents object to your emancipation altogether. Your parents cannot force you to become emancipated between the ages of 16 and 18.

If you ave questions about child emancipation or other family law matters, please contact the Law Office of Martoccio & Martoccio at 630-920-8855. Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County and Cook County.