Emancipation of Minors in Illinois

June 9th, 2025 by Tiffany Hughes

Typically, most parents have custody and control over their minor children until they turn 18 years old. However, under certain circumstances, some minors can become legally emancipated before reaching 18 years of age. If a minor is interested in obtaining an emancipation order, the minor would have to file a petition in Court, however, there are certain steps to getting emancipated and considerations as to who should seek emancipation and who should not.

What Is Emancipation?

First, what is emancipation? Emancipation is a legal term describing a child’s release from the custody and control of his or her parents or guardians. In the State of Illinois, emancipation is governed under the Emancipation of Minors Act and is meant to solve certain legal problems for minors who live on their own.

Can I Move Out at 16 in Illinois?

A special emancipation order can be issued for minors who are between the ages of 16 and 18. Emancipation is exclusively reserved for “mature minors” who are ages 16 or 17. Emancipation should not be considered for minors who still need the support of their parents or who do not have safe and stable housing to live independently. Are parents of emancipated children required to pay for college? Not automatically.

What Problems Can Emancipation Solve?

Emancipation can help certain minors avoid legal problems, including but not limited to the following:

• Unlicensed shelters or homes are required to notify a minor’s parents of the whereabouts of their child;
• Police, judges or other officials may force a minor to return home against their wishes;
• Minors may have to accept placement in a shelter or in a foster home;
• Landlords may refuse to lease to a minor; and
• Certain government agencies may deny benefits or services to minors who do not have their parents’ consent.

Qualifications to Be Emancipated and How to Prove Maturity in Emancipation Proceedings

Mature minors between the ages of 16 and 18 can become legally emancipated before they turn 18 years old must meet certain qualifications to be emancipated. Mature minors must prove that they can manage their own affairs, can be financially independent from their parents, and can prove they have already lived completely or partially independently from their parents. A mature minor will need proof to present to the judge of their maturity. Minors can present witnesses, such as friends, teachers, counselors, employers or any other third party who can testify as to the minor’s maturity.

What Factors Can Cause an Emancipation Order to be Denied?

A Judge could deny issuing an emancipation order due to the following factors:

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

Need More Information or Representation?

If you are thinking of filing to become emancipated, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is seeking emancipation, wants to know more about what emancipation is, qualifications to be emancipated, steps to getting emancipated, is wondering if parents of emancipated children are required to pay for college, if a mature minor can move out at 16, how to prove maturity in emancipation proceedings, how long it will take to become emancipated, or are seeking answers as to what problems emancipation can solve, whether parents can force a mature minor to become emancipated, or who should seek emancipation and who should not.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.