Can a Minor Get Emancipated if One of Two Parents Object
My question involves child abuse or neglect in the State of: IL
Over the past year, I have considered becoming emancipated from my parents' care, due to the psychological, verbal and burgeoning altercations nearly becoming physical, specifically with my father.
In my research into becoming emancipated, I have found the criteria to primarily be in my favour if I were to attempt it, save for the topic of parental consent. Specifically, in Illinois, it appears to be that if a minor files for emancipation, and a parent does not consent, the case is automatically void and the minor denied emancipation.
I do believe that I could get consent from my mother if I fully explain why I wish to become emancipated, and explain the plan I have set up going forward from there.
The issue lies with my father. I am fairly sure that he would never consent to my emancipation, as he relies on controlling my mother and I.
I am finding it difficult to find more information regarding parental consent in the situation.
My question being, if I were to file it with the consent of my mother, provide ample justification and evidence for emancipatipn etc., would the filing be void if my father is the only one to object?
Are both parents' consent necessary, or if one objects (especially if that one is the primary reason for emancipation), will the filing be void?
Re: Emancipation if One of Two Parents Object
The law is clear. "Any objection" means if either parent or both object.
Abuse is never a justification for emancipation. You're not getting an exception.
Re: Emancipation if One of Two Parents Object
IT sounds pretty clear to me. Any parental objection=case is void.
Re: Emancipation if One of Two Parents Object
Sorry to say, if you actually bother to look into the law, it's very clear on every aspect except parental consent, particularly on how many of the two, if applicable, parents must consent.
Likewise, abuse and personal relationship with parents is in fact justification, under the consideration of the minor's best interest.
Lastly, nowhere did I ask for any sort of exception, simply clarification on something I do not specialise in.
Thank you for wasting my time with your both incorrect and hostile reply, carry on.
Re: Emancipation if One of Two Parents Object
The Illinois Emancipation of Minors Act (750 ILCS 30/) allows a “mature minor” (a minor age 16 or 17) or a homeless minor to be granted emancipation if the the conditions set forth in the Act are met. But in the case of a mature minor the Act specifically states that an objection by the minor or his parents prevents the court from being able to grant emancipation. “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.” 750 ILCS 30/9(a). Further, the purpose of the Act is explained on this point as follows: “The purpose of this Act is to provide a means by which a mature minor who has demonstrated the ability and capacity to manage his own affairs and to live wholly or partially independent of his parents or guardian, may obtain the legal status of an emancipated person with power to enter into valid legal contracts....This Act is not intended to interfere with the integrity of the family or the rights of parents and their children. 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.” 750 ILCS 30/2. So the idea here is to give a mature minor the ability to get emancipation so he can do things like enter into contracts, so long as his/her parents do not object. If a parent objects, the court cannot get involved and intrude on the family decision making process. Both parents are needed or the court cannot proceed to grant the emancipation.
Quote:
Quoting
Jtb600
Sorry to say, if you actually bother to look into the law, it's very clear on every aspect except parental consent, particularly on how many of the two, if applicable, parents must consent.
The fact that the statute says that any objection by the minor, his parents, or his guardian prevents the court from issuing the emancipation order makes it pretty clear that an objection from either parent would block the emancipation. While you did not like the way flyingron put his/her answer, I think it was right on point.
Re: Emancipation if One of Two Parents Object
Quote:
Quoting
Jtb600
Sorry to say, if you actually bother to look into the law, it's very clear on every aspect except parental consent, particularly on how many of the two, if applicable, parents must consent.
Likewise, abuse and personal relationship with parents is in fact justification, under the consideration of the minor's best interest.
Lastly, nowhere did I ask for any sort of exception, simply clarification on something I do not specialise in.
Thank you for wasting my time with your both incorrect and hostile reply, carry on.
Actually, you're the one who is incorrect. If you bother to read the law (which Tax has very kindly provided), you'll see why.
Are you mature enough to concede that you're wrong, and apologize to Ron?
Re: Can a Minor Get Emancipated if One of Two Parents Object
Quote:
Quoting
Jtb600
My question involves child abuse or neglect in the State of: IL
Over the past year, I have considered becoming emancipated from my parents' care, due to the psychological, verbal and burgeoning altercations nearly becoming physical, specifically with my father.
In my research into becoming emancipated, I have found the criteria to primarily be in my favour if I were to attempt it, save for the topic of parental consent. Specifically, in Illinois, it appears to be that if a minor files for emancipation, and a parent does not consent, the case is automatically void and the minor denied emancipation.
I do believe that I could get consent from my mother if I fully explain why I wish to become emancipated, and explain the plan I have set up going forward from there.
The issue lies with my father. I am fairly sure that he would never consent to my emancipation, as he relies on controlling my mother and I.
I am finding it difficult to find more information regarding parental consent in the situation.
My question being, if I were to file it with the consent of my mother, provide ample justification and evidence for emancipatipn etc., would the filing be void if my father is the only one to object?
Are both parents' consent necessary, or if one objects (especially if that one is the primary reason for emancipation), will the filing be void?
I don't think you understood what you researched. It's pretty hard for minors to get emancipated. I don't think you realize what it means either. It's not there to get away from a bad (or perceived to be bad) situation.
You're not getting emancipated.
Quote:
Quoting
Jtb600
Sorry to say, if you actually bother to look into the law, it's very clear on every aspect except parental consent, particularly on how many of the two, if applicable, parents must consent.
Likewise, abuse and personal relationship with parents is in fact justification, under the consideration of the minor's best interest.
Lastly, nowhere did I ask for any sort of exception, simply clarification on something I do not specialise in.
Thank you for wasting my time with your both incorrect and hostile reply, carry on.
I think you're the one wasting people's time...