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Illinois Juvenile Law Questions & Answers
1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Illinois on
Q: Emancipation + Illinois and whether it is possible for a 16 year old to be granted custody by their 26 year old sibling.
James G. Ahlberg
James G. Ahlberg answered on Apr 2, 2018

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... Read more »

1 Answer | Asked in Juvenile Law for Illinois on
Q: I live in Illinois and am 17 can I go to court without my parents
Cheryl Powell
Cheryl Powell answered on Mar 30, 2018

Probably not but it depends on what u want to go to court for.

1 Answer | Asked in Juvenile Law for Illinois on
Q: A 15 year old was caught trespassing and vandalizing a classroom, what are the charges if he's underage?
Cheryl Powell
Cheryl Powell answered on Mar 21, 2018

The same as if he was an adult. His potential sentencing options could be lighter, depending on his record.

1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: if domestic battery is dropped does the juvenile states attorney have grounds to pick it up after 7months?

after the domestic was dropped dcfs came said i had to sign up with intac people or i could get my kids took. so i did, dcfs sign off on the case 7 months ago indacated . then the then juvenile states attorney summons me to court to making my kids award of the courts. can they do that? the intac... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 6, 2018

Can he do it? Probably, though it seems odd to do so after 7 months unless something happened more recently. If you don't have a lawyer yet, it's time to get one as soon as possible.

1 Answer | Asked in Education Law and Juvenile Law for Illinois on
Q: can i get a informal station adjustment for finding a coat on the ground in school then giving it back when asked aboutI

I was in school and saw a jacket laying on the floor for about an hour unattended, then grabbed it. Yes my intention was to take it but if I was pressed about it I would of course give it back. A couple hours later I got called down to the deans and asked about it. I then said yes and handed the... Read more »

Cheryl Powell
Cheryl Powell answered on Mar 1, 2018

Correct action. Theft is theft. What if it was at walmart? You would have been arrested.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Illinois on
Q: I'm married to the father of 3 kids. He has agreed to sign over full legal sole custody to me. How do I do this?

He has been involved with them when he visits me. They have gone to see him alone a total of 3 times in the the three years we have lived apart. I am the sole provider of care in every way and responsible for everything, he had been ordered to pay child support but has given me a total of 400... Read more »

Cheryl Powell
Cheryl Powell answered on Feb 21, 2018

Situations with chidren are complicated. Make an appt. to see a lawyer.

1 Answer | Asked in Juvenile Law for Illinois on
Q: My girlfriends mother, is keeping her locked in juvenile, because she feels "unsafe", when she really just wants her gon

so she can spoil her other daughter, is there any one else besides her adopted mother that can release from juvenile, or how long would she have to stay in Juvy, her adopted father and mother are divorced

Cheryl Powell
Cheryl Powell answered on Feb 15, 2018

What did she do to get locked up?

1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: I will be turning 17 next month. Is possible for me to be emancipated and move out without my parents consent.

My parents are currently keeping me home to home school me and are forcing me to go to a college I don't want to go to. (Both of which I obviously dont like or want)

I will have a well paying stable job working at hospital, and I currently have an apartment picked out. I will also have my... Read more »

James G. Ahlberg
James G. Ahlberg answered on Feb 6, 2018

No. The relevant language from the Emancipation of Minors Act appears in section 2: "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."

1 Answer | Asked in Juvenile Law and Criminal Law for Illinois on
Q: I’m pregnant. From Illinois. Could we move to a 16 consent state? Marriage? Will he get in yrounle?

I’m 16& he is 19. Should I get an abortion?

James G. Ahlberg
James G. Ahlberg answered on Jan 24, 2018

The age of consent is determined by the law of the state in which the sexual act occurred. Since you are under 18 years old, you need the permission of your parents or the permission of a court to get married in Illinois. Will he get in trouble? Possibly, as you are younger than the age of consent... Read more »

3 Answers | Asked in Juvenile Law for Illinois on
Q: Likely sentencing for juvenile DUI, possession of an unregistered handgun, and grand theft auto?

This may be an unorthodox question, but I'm a novelist unable to find the resource information I need. In the state of Illinois, if a sixteen year old were to steal and crash a car under the influence of inhalants, with an unregistered handgun in the glove box, what would be the consequences he... Read more »

Cheryl Powell
Cheryl Powell answered on Jan 15, 2018

Dui. Max penalty 364 days in county jail but would get probation on 1st offense. For 2 years, fine, costs, drug and alcohol evaluation, complete all recommeded treatment.

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1 Answer | Asked in Juvenile Law for Illinois on
Q: Can can uncle or cousin report to court with a juvenile to represent the parents or guardian of the minor ?

Felony retail theft

Cheryl Powell
Cheryl Powell answered on Jan 10, 2018

No

2 Answers | Asked in Criminal Law and Juvenile Law for Illinois on
Q: Can my uncle or cousin over the age of 21 represent me (a minor)in court for a felony on retail theft?
Juan Ooink
Juan Ooink answered on Jan 9, 2018

Nope. Only a licensed Illinois Attorney can represent you. You really need to hire an experienced criminal defense attorney right now because a felony charge is not something you want to try and handle on your own.

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1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: Can I move out without any problems as a 17 year old in Illinois without parental consent?

I'm a 17 year old who wants to move out without parental consent in Illinois. I would like to move in with my 18 year old friend. Would this cause any problems for my friend and I?

James G. Ahlberg
James G. Ahlberg answered on Jan 7, 2018

There are two ways to do this. One is to get your parents' consent. The other is for you to be declared emancipated by a court. This requires that you have a job and are supporting yourself, among other things. Basically, a court declares that you are fulfilling the role society attributes to an... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Juvenile Law and Criminal Law for Illinois on
Q: My teenager got caught stealing at Macy's in Chicago, should I pay the $500 civil damages they are asking me for?
Robert D. Kreisman
Robert D. Kreisman answered on Jan 1, 2018

Was there a criminal conviction (juvenile) for shoplifting? I assume that Macy's is asking for $500. If that's the case, consult with a lawyer, but be sure to get full release for all possible claims that could be brought against the minor and his/her parents, guardians should that $500 or any... Read more »

1 Answer | Asked in Juvenile Law and Criminal Law for Illinois on
Q: Can a 21 yr old get in trouble for getting a 16yr old pregnant in the state of Illinois
James G. Ahlberg
James G. Ahlberg answered on Jan 1, 2018

Yes.

If the victim is under 17 years old at the time of the offense and the perpetrator is less than 5 years older than the victim, it is considered criminal sexual abuse (commonly called statutory rape).

If the victim is under 17 years old at the time of the offense and the...
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1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: Hello. I am a minor and my mother just stole $300 from me. Is this legal? What can I do? Any answers would be great.

The money came in mail so could it be stealing mail?

Ray Choudhry
Ray Choudhry answered on Dec 29, 2017

If she really stole it from you then it is a crime and you should report it.

If she is holding on to it so you don't blow it, that is another matter.

1 Answer | Asked in Juvenile Law, Personal Injury and Wrongful Death for Illinois on
Q: I have a case dismissed w/ prejudice, appeal time expired. Can I refile for the juvenile? Death of Dad.

Mom filed on behalf herself and juvenile. Dismissed on 2-622 delay. SOL claimed. But child is a minor- doesn’t his claim stand?

Peter N. Munsing
Peter N. Munsing answered on Dec 12, 2017

I assume they had an attorney. If not they need to consult a member of the Illinois Trial Lawyers Assn. Generally, the wrongful death claim may be barred, the childs claim for future support and loss of companionship might possibly survive.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Illinois on
Q: My 16 yr old has got 2 speeding tickets 3 tickets for too many people and suspended license what's gonna happen

Will there b any criminal actions taken?

Juan Ooink
Juan Ooink answered on Dec 8, 2017

Confused, did your son get a ticket for suspended license as well or does your kid have a suspended license. I strongly suggest you hire an experienced attorney to assist you with these matters.

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