Legal Question in Family Law in Illinois

Re: Do we need to get a legal guardianship

I see that other lawyers have answered your question. Their advice is sound. Please permit me to add:

First of all, until a court declares otherwise (and certain other narrow exceptions), a child under the age of eighteen lacks the right of an adult. This means the minor has no power to decide where to live.

If an unemancipated minor moved into your home, and if the minor�s parents chose, they could have the police take the minor into custody if he or she refused to return home. This includes seventeen-year-olds. The Juvenile Court Act refers to Minors Requiring Authoritative Intervention, i.e., �Those requiring authoritative intervention include any minor under 18 years of age (1) who is (a) absent from home without consent of parent, guardian or custodian� (705 ILCS 405/3-3). �A law enforcement officer may, without a warrant, take into limited custody a minor who the law enforcement officer reasonably determines is (i) absent from home without consent of the minor's parent, guardian or custodian� (705 ILCS 405/3-4). Once this is done (unless the minor will return home or the parent consent to alternative living arrangements) the court system and child protection system take over. Sometimes, a teenager finds themselves in foster care or a state-facility when they won�t go home.

You could also get into trouble if the matter is not handled right. Section 10-6 of the Illinois Criminal Code provides: �Harboring a runaway. (a) Any person, . . . who, without the knowledge and consent of the minor's parent or guardian, knowingly gives shelter to a minor, other than a mature minor who has been emancipated under the Emancipation of Mature Minors Act, for more than 48 hours without the consent of the minor's parent or guardian, and without notifying the local law enforcement authorities of the minor's name and the fact that the minor is being provided shelter commits the offense of harboring a runaway.� This is a crime.

Re: Do we need to get a legal guardianship

Yes, you will need a legal guardianship. If the parents agree, it will make your job easier, however, be aware that such issues as child custody and other areas of family law cause some of the most extreme emotions in people. In other words, it is no guarantee that everything will run smoothly. The parents may change their minds and you may be faced with talking to DCFS or a similar organisation about this boy and the danger he is in. There may be grandparents or siblings who wish to take over the responsibility. I would strongly suggest getting an attorney to help navigate and direct your intentions.

Re: Do we need to get a legal guardianship

Assuming the parents of the 15 year old consent, you must petition the court to be appointed as the guardian of the person for this 15 year old before agreeing to allow him to reside with you and to be responsible for his care.

State law provides for the guardianship procedure which will be a very simple procedure to follow assuming his parents are in complete agreement. A lawyer should be hired to prepare the necessary paperwork and to appear in court with you to accomplish the guardianship.

Best regards,

Michael T. Mahoney