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  1. #6
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    Oct 2014
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    Default 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
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    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.

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