Legal Question in Family Law in Illinois

Emancipation of a minor in Illinois

I will be seventeen in September and have been schooling myself without a teacher, tutor, or any other aid for over one year. I will be recieving a GED this Oct. I was diagnosed with clinical depression over five years ago and my family situation is continuing to take a toll on me. I have suffered extreme emotional abuse from both of my parents. I have sufficient income to provide for my basic needs (rent, food, auto, etc.) and still have some left for spending. I know that not *every* minor can become emancipated, and because I haven't suffered any real physical abuse or neglect, I'm not sure if this is something I can accomplish. I want to emancipate myself for my own benefit. I'm afraid a judge would tell me to just get over it and wait until I'm 18, but I'm really suffering. I am capable of handling my own financial responsibilities. I don't know if I have a chance at becoming emancipated, or what my best course of action would be if I did.


Asked on 4/15/05, 3:23 pm

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Emancipation of a minor in Illinois

The following are the elements a court will look at for a minor requesting emancipation---EMANCIPATION: Under the Emancipation of Mature Minors Act, a person 16 years or older may be emancipated, or partially emancipated by a court if: (1) the minor is of sound mind; (2) she has the capacity and maturity to manage her own affairs, including finances, and (3) emancipation is in the best interest of the minor and her family. A court may not enter an order of whole or partial emancipation if there is an objection by the minor, her parent or guardian. 750 ILCS 30/1 et se

It would appear from your question that you should be able to meet the burden for element 1 and 2 but you would no doubt need to have a doctor testify to your depression. Then you would have to get your parents not to object to it.

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Answered on 4/15/05, 3:38 pm


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