Legal Question in Family Law in Illinois
the childs choice to choose between adoptive parents and birth parent
about 6 years ago a my children where living with their fathers parents. we decided it was best for the children to live with them for a while. the grandparents agreed. they adopted my children and told me that when I was ready i could have them back. I am constantly asking but they won't give them back to me. both of my children know me very well, spend lots of time with me and want to live with me. What is the legal age for them to choose on their own who they want to live with?
1 Answer from Attorneys
Re: the childs choice to choose between adoptive parents and birth parent
The legal age to make such a decision is eighteen unless the child is declared by a court to be emancipated. A child may file a petition for emancipation under the Emancipation of Mature Minors Act (750 ILCS 30/1, et seq.) but it is simply not enough for emancipation that a child wants to live with someone else, even the child�s natural mother. More must be shown. It must be proven that �the minor is a mature minor who is of sound mind and has the capacity and maturity to manage his own affairs including his finances, and that the best interests of the minor and his family will be promoted by declaring the minor an emancipated minor.�
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