Legal Question in Family Law in Illinois

My daughter is 17 years old, lives with her mother and her mother maintains sole-custody. My daughter wants to leave her mother's house and then live with her grandmother upon graduating from High School and intends on going to College in November/December. However, her mother insists that my daughter stays with her until she is 18 years of age -- apparently her mother contacted an attorney and the attorney said that my daughter legally has to stay there (at her mother's house) until she is 18 and can't leave before then. Is this true ??


Asked on 11/02/09, 1:50 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

I think your ex is more concerned about losing her child support early than about where your daughter resides. Your daughter can leave home at age 17 under the juvenile code; however, she can not be forced out until she is 18 under the child neglect statutes. At 17, she is considered an adult under the law and can leave home if she chooses, however, a parent has a duty of support until the "child" is 18 provided that the "child" is living under his/her roof.

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Answered on 11/07/09, 2:54 pm


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