All About Emancipation

 Posted on June 07,2013 in Child Custody

Big screen star Will Smith and his 14-year-old son Jayden recently made news when the soon to be 15 year old told his dad that all he wanted for his 15^th birthday was to be emancipated. He stated that he wanted to be emancipated from his family simply because he wants to live in his own home. Many of us think that emancipation of a minor only takes place in the event of parental negligence or because of other hostilities. What is Emancipation? Emancipation is a legal process that releases the child from the custody and control of his parents or legal guardian. In the state of Illinois, a child is automatically emancipated at the age of 18, but under special circumstances, an order can be made for a minor child between the ages of 16 and 18 to be emancipated. Who should seek Emancipation? There are many different reasons that a minor may want to seek emancipation. One reason that a child may seek emancipation is because he has graduated from high school at an early age and wishes to move out of the home to attend college. While technically, most students are supported by their parents, there are restrictions to what a minor can do even if he is living on his own. For example, there may be certain jobs that they are unable to work, they may have an issue securing adequate housing, or they may even have challenges related to school. A minor that is seeking emancipation has to be able to prove that they are mature and able to take care of themselves. They can have witnesses speak on their part, such as teachers, counselors, employers, or other adults. They need to display a good work and/or educational history and prove that they do not need the financial support of their parents. Emancipation can be a complicated process. If you have questions regarding your child and emancipation, a qualified Illinois family law attorney can assist you with the answers.

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