Seneca, IL asked in Family Law, Adoption and Child Custody for Illinois

Q: if my parents are getting evicted and dont have somewhere to go but i do, do they have the right to make me homeless

my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation

3 Lawyer Answers
Cheryl Powell
Cheryl Powell
  • Divorce Lawyer
  • Mt Vernon, IL
  • Licensed in Illinois

A: Yes. Until you are 18 your parents have control over you. They can decide you live at grandma's on the couch or floor, that all of you go to a homeless shelter or wherever it may be absent filth, bugs or feces.

A: Taking your question at face value, if your parents move in with your grandma but tell you that you can't move in with them, that is the kind of situation that would possibly cause the state to TPR, in which case you likely would be ordered to live with the closest adult relative who would take you. That probably would be your sister.

On the other hand, if you're allowed to move in with Grandma but have to sleep on the couch, you probably have to do that.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your family's difficult situation. This must be a very stressful and scary time for all of you. A few key points:

As a minor at age 17, your parents are still your legal guardians and generally have the right to make decisions about your living situation and where you reside. However, they also have a legal obligation to provide you with basic necessities like shelter.

If your parents are unable to provide you with a place to live due to the eviction and space limitations at your grandma's, but you have a safe alternative with your sister who is willing to take you in, there is a strong argument that moving in with your sister is in your best interest. It prevents you from becoming homeless.

Ideally, you, your parents, and your sister could have an open discussion about this arrangement. Express your desire to live with your sister to avoid homelessness, while still maintaining a relationship with your parents. Perhaps visits and regular communication could be arranged.

If your parents still object to you moving in with your sister, consider involving another trusted adult like a school counselor, teacher, or social worker. They may be able to mediate the situation or advise you of local resources and your options.

Remember, your physical safety and wellbeing should be everyone's top priority here. You deserve to have a safe and stable place to live. Don't be afraid to advocate for yourself and reach out for help navigating this. Wishing you all the best.

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