Legal Question in Family Law in Illinois

I am 16 years old and almost 7 months pregnant. I'm currently living with my mother in Illinois. She got a new job this past summer, and forced me and my sisters up here with her. We originally were living in Missouri, where not to mention the father of my child is. As well as my family, friends, school, and work was. I did not want to come at all, and I have been trying to figure out what all I can do. I want to move back before the baby is born. And I didn't know what I could do, or if i could file for emancipation. I don't see how it is just she can just take me away from all of that knowing my situation and putting me in a corner here, and keeping me away from everyone and everything back HOME. This is not my home here, and I want to move back asap. HELP!


Asked on 10/01/10, 5:45 pm

1 Answer from Attorneys

In Illinois, if you are considered an Illinois resident, once you are 16 you can seek to have yourself declared an "emancipated minor" but that means you would be ON YOUR OWN.

Courts generally don't want to grant emancipation tro minors who will become dependent upon public assistance. Moving back without a plan and confirmed details seems very risky, and can't be something you'd want to risk for your baby.

As long as you are a minor and are dependent on your mom for the roof over your head and the food in your belly, you are under her guardianship and what she says goes as long as it is reasonably within her authority.

You should seek out guidance from adults other than your mom because you and she are just too close to the situation. These can include child welfare folks, church folks, school folks, etc.....

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 10/07/10, 2:33 pm


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