What are the requirements to become emancipated and is a parent's consent needed?
Full Question:
My son is 19 and lives in Illinois with his father. His girlfriend will turn 18 this October. Her mother is dead and her father has been in and out of prison. Her guardian is an aunt. According to my son, the aunt gets money from the State that should go towards the girl but doesn't. The girl works and has been living at different places. My son and girlfriend want to move in with my brother to finish school and work. My question is this: how does she become emancipated? Does she need to see an attorney? She does not have any money. I wonder if there are any services out there to help her?
03/10/2009 |
Category: Minors ยป Emancipation... |
State: Michigan |
#15519
Answer:
An emancipation in Illinois may be granted to a "mature minor", defined as a person 16 years of age or over and under the age of 18 years who has demonstrated the ability and capacity to manage his own affairs and to live wholly or partially independent of his parents or guardian.
The following are IL statutes:
Sec. 4. Jurisdiction.
The circuit court in the county where the minor resides, is
found, owns property, or in which a court action affecting
the interests of the minor is pending, may, upon the filing
of a petition on behalf of the minor by his next friend,
parent or guardian and after any hearing or notice to all
persons as set forth in Sections 7, 8, and 9 of this Act,
enter a finding that the minor is a mature minor or a
homeless minor as defined in this Act and order complete or
partial emancipation of the minor. The court in its order
for partial emancipation may specifically limit the rights
and responsibilities of the minor seeking emancipation. In
the case of a homeless minor, the court shall restrict the
order of emancipation to allowing the minor to consent to
the receipt of transitional services and shelter or housing
from a specified youth transitional program and its referral
agencies only.
750 ILCS 30/7 (from Ch. 40, par. 2207)
Sec. 7. Petition.
The petition for emancipation shall be verified and shall
set forth:
(1) the age of the minor;
(2) that the minor is a
resident of Illinois at the time of the filing of the
petition, or owns real estate in Illinois, or has an
interest or is a party in any case pending in Illinois;
(3)
the cause for which the minor seeks to obtain partial or
complete emancipation;
(4) the names of the minor's parents,
and the address, if living;
(5) the names and addresses of
any guardians or custodians appointed for the minor;
(6)
that the minor is
(i) a mature minor who has demonstrated
the ability and capacity to manage his own affairs or
(ii) a
homeless minor who is located in this State; and
(7) that
the minor has lived wholly or partially independent of his
parents or guardian.
If the minor seeks emancipation as a
homeless minor, the petition shall also set forth the name
of the youth transitional housing program that is willing
and able to provide services and shelter or housing to the
minor, the address of the program, and the name and phone
number of the contact person at the program. The petition
shall also briefly assert the reason that the services and
shelter or housing to be offered are appropriate and
necessary for the well-being of the homeless minor.
750 ILCS 30/8 (from Ch. 40, par. 2208)
Sec. 8. Notice.
All persons named in the petition shall be given written
notice within 21 days after the filing of the petition for
emancipation. Those persons shall have a right to be present
if a hearing is sought or scheduled and to be represented by
counsel.
All notices shall be served on persons named in the petition
by personal service or by "certified mail, return receipt
requested, addressee only". If personal service cannot be
made in accordance with the provisions of this Act,
substitute service or service by publication shall be made
in accordance with the Civil Practice Law.
750 ILCS 30/9 (from Ch. 40, par. 2209)
Sec. 9. Hearing on petition.
(a) Mature minor. Before proceeding to a hearing on the
petition for emancipation of a mature minor the court shall
advise all persons present of the nature of the proceedings,
and their rights and responsibilities if an order of
emancipation should be entered.
If, after the hearing, the court determines 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, the court shall enter a finding that the
minor is an emancipated minor within the meaning of this
Act, or that the mature minor is partially emancipated with
such limitations as the court by order deems appropriate. No
order of complete or partial emancipation may be entered
under this Act if there is any objection by the minor, his
parents or guardian.
(b) Homeless minor. Upon the verified petition of a homeless
minor, the court shall immediately grant partial
emancipation for the sole purpose of allowing the homeless
minor to consent to the receipt of services and shelter or
housing provided by the youth transitional housing program
named in the petition and to other services that the youth
transitional housing program may arrange by referral. The
court may require that a youth transitional housing program
employee appear before the court at the time of the filing
of the petition and may inquire into the facts asserted in
the petition. No other hearing shall be scheduled in the
case of a petition affecting a homeless minor, unless, after
notice, a parent or guardian requests such a hearing. If
such a hearing is requested, then the homeless minor must be
present at the hearing. After the granting of partial
emancipation to a homeless youth, if the youth transitional
housing program determines that its facility and services
are no longer appropriate for the minor or that another
program is more appropriate for the minor, the program shall
notify the court and the court, after a hearing, may modify
its order.