Living Will Guidelines
What are the guidelines for emancipation in Illinois?
Mother resides in Ky. and the 16 yr old boy resides in Illinois,. w/mutual family/friends that have obtained gardianship for a year and a half now. The 16 year old has one adult sister not far from him and the 16 year old is miserable where he is at but is mature, responsible and longs to be back w/his mother
If nothing else we are longing to know how emancipation works and how my son can move out and live his life but still finish school and work ,ect. The 16 year old is a male and a junior in highschool and will be 17 in February. Please help us to understand what the leagalities are in this matter. thankx!
The IL ‘emancipation of mature minors act’ states: “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.” So, the first question is–are the guardians going to object?
Even if they don’t object, he still has to meet all the requirements. *One* of the requirements is that he must prove to the court that he has the financial ability to fully support himself–paying for rent, utilities, food, medical expenses, etc–with no help from anyone. That does not mean moving in with someone else and depending on them for help/assistance (and it kind of sounds like maybe he’s wanting to move in with someone else–either sis or mom?).
If this is a case of Son wanting to return to Mom’s, that’s not an emancipation issue, that’s a custody/guardianship issue. Mom needs to discuss the situation in detail (how did these other people obtain guardianship?) with an attorney.
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