What is emancipation?

Emancipation is a legal term describing a child’s release from the custody and control of his or her parents or guardian. Emancipation occurs by law at 18. A special emancipation order can be issued for minors between the ages of 16 and 18. This order allows minors to live independently from their parents. They can exercise greater control over their own lives.

What problems can a special emancipation order solve?

An emancipation order may help a minor avoid some legal problems. Here are some examples of difficulties that the order can solve:

• Unlicensed shelters or homes must notify parents of the whereabouts of their child;
• Police, judges, or other officials may force minors to return home against their wishes;
• Minors may have to accept placement in a shelter or foster home;
• Landlords may refuse to lease to minors; and
• Some government agencies may deny benefits or services to minors without parents’ consent.

If I become emancipated, what does that mean for my parents or guardian?

Once you are emancipated, your parents may no longer be able to decide where you will live, go to school, or work. They may not be able to discipline you. They may not be able to make you work or give them any money you earn. At the same time, however, they may not have to provide you any financial support. This is true unless your order specifies that they must continue to support you.

Is emancipation an available option for every adolescent?

No. Everyone automatically becomes emancipated at age 18. Only “mature” minors, between the ages of 16 and 18, can become legally emancipated before 18. Here are the requirements for emancipation:

• You must prove that you can manage your own affairs; and
• You must show that you already have lived completely or partially independently from your parents.

If your parents object, the judge can still grant your petition. But only if you prove it is in your best interests.

Who should seek emancipation and who should not?

Generally, only minors who have a special need should consider it. Such special needs may include:

• Problems getting housing because of your age or legal status;
• Educational barriers due solely to your age or legal status; or
• Inability to enter into contracts because of your age.

Minors who should not consider emancipation include:

• Minors who need continuing financial support from their parents;
• Minors who have no special need; or
• Minors who do not have a plan for safe and stable housing.

Is it hard to be emancipated if you are between 16 and 18?

Yes. To get an emancipation order, someone else must file a case on your behalf in court. Then you need to convince the judge that you are a “mature” minor. You may find it difficult to get the order if:

• Your parents object to your emancipation;
• You are seeking emancipation in order to qualify for public aid and you have no other income;
• You cannot prove you are mature;
• You still live with your parents and are wholly supported by them; and
• You are unsure about where you are going to live.

How can I prove that I am mature?

If other people can say that you have signs of maturity, you may have enough “proof” for the judge. You will need evidence of your maturity from witnesses such as:

• Friends;
• Teachers;
• Counselors;
• Employers; or
• Other adults who can say that you are mature.

Remember that you are an important witness for yourself. How you act in court and your reasons for seeking the order will influence the judge's decision.

In addition, the following evidence is very helpful:

• A good school or vocational education record;
• A good work history;
• Proof that you’ve paid your own bills;
• A reasonable financial plan for yourself;
• A long-range goal for yourself;
• Significant responsibilities, such as caring for younger children or older people;
• Volunteer work; or
• Religious activities.

Can my parents force me to be emancipated against my wishes?

No. You must agree, too. Parents cannot force children to become emancipated until they turn 18.

Can my parents still be required to support me if I am emancipated?

Yes. The judge can order your parents to continue to support you. An emancipation can be partial or complete. If it is partial, your parents will still have some duties or rights concerning you.

Can I get public aid if I am emancipated?

Maybe. Judges probably will not issue the order if your purpose is to get public aid. Even if you get the order, you might still be denied because of your age. If you become emancipated and later find you need public aid, you should apply for it and should qualify as an adult.

Is “independent living” the same as emancipation?

No. “Independent living” is a term for special state-funded programs to teach adult living skills to older teens. In fact, if you are emancipated, it may be difficult to get into an independent living program.

Can I be emancipated if I am a youth in care?

Yes. A Juvenile Court judge can order you emancipated from the Department of Children and Family Services (DCFS). The order will be issued on the same basis as any other 16 to 18 year old minor. Remember that if you are emancipated, you will not be able to return to state-funded care. This is true unless the judge terminates the order. If your caseworker recommends emancipation, be sure to talk with your lawyer before you agree to an emancipation order. If you do not have a lawyer, get free legal help.

Check this guide to emancipation if you are a youth in DCFS care.

If I run away from home, will that help me be emancipated?

Probably not. It is true that most emancipated minors live away from home. But merely getting away from home won't help. It is best if you are living in a stable location before seeking emancipation. A stable location can be friends or relatives' place or your own apartments.

How long will it take to become emancipated?

It can take at least two months for the court to process your petition for emancipation. You will have to give three weeks' notice to your parents that you are seeking emancipation.

Can I become emancipated if I am a homeless minor?

Homeless minors can petition the court for emancipation just like any minor can. 

Are any other options besides emancipation available if I am a homeless minor?

Homeless minors may also consent to housing in specially licensed youth transitional housing programs. To get into one of these programs, you first have to become partially emancipated.

Who qualifies for youth transitional housing programs?

The requirements include:

• You must be age 16 or 17;
• You do not have a fixed regular and adequate place to live. This includes youth sharing the housing of other people, youth in a temporary shelters or minors who are unwilling or unable to return home;
• You have been living independently of your parents or legal guardians;
• You want to participate in a youth transitional housing program;
• A transitional housing program is able to provide services; and
• A transitional housing program has found you eligible for their services.

Also, either you or your parents must consent to the program. You can only consent if:

• A state agency tried to bring your family together again and failed;
• DCFS hasn’t found that you’ve been abused or neglected and need some other treatment; and
• A state agency has tried to notify your parents or guardians.

How do I join a youth transitional housing program?

You must meet the eligibility requirements and become partially emancipated. To meet the eligibility requirements, you should contact a homeless youth provider.

The steps for emancipation are the same as those outlined above. You should file a petition with the court that includes the following:

• Your age;
• Your residence;
• The names of the minors parents/legal guardian;
• That you are homeless and has been living completely or partially independent of his or her parents or legal guardians;
• That family reunification efforts were attempted through a state agency and those efforts failed;
• The name of the licensed transitional housing program willing and able to provide housing and services along with the name and phone number of a staff person at the program; and
• The reason that the services and housing are appropriate and necessary for the well-being of the minor.

Your parents or legal guardians will need to receive written notice of the petition within 21 days. When you go before the judge, tell them that you consent to receiving services and shelter at the transitional housing program. A representative of the program may be required to appear to verify facts.

The judge may grant your partial emancipation and admit you to a housing program then. But your parents have a right to ask for a hearing. The petition can still be granted if a parent or guardian objects to the partial emancipation, but only if the judge thinks it is in your best interests.