Chicago, IL asked in Child Custody, Family Law and Juvenile Law for Illinois

Q: Emancipation + Illinois and whether it is possible for a 16 year old to be granted custody by their 26 year old sibling.

1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
  • Divorce Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: How do your parents feel about this? If either parent objects, the court cannot declare you emancipated. Bear in mind that the purpose of the Emancipation of Minors 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." If you're emancipated, you don't need a guardian or to be in anyone's custody, as a rule.

Is your 26 year old sibling interested in custody, or a guardianship? They're different. I encourage you to sit down with a lawyer to discuss your options, because this forum doesn't permit the kind of give-and-take in a conversation that a lawyer normally uses to figure out what is in the best of the client.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.