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Can I take my daughter's boyfriend who is 17 across state…

Can I take my...

Can I take my daughter's boyfriend who is 17 across state lines without the permission of his parents

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Illinois

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He has been at my house since sunday night

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Answered in 5 minutes by:
8/23/2017
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,160
Experience: Licensed Texas General Practice Attorney
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Which state would you be taking him from, and which state would you be going to?

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Customer reply replied 9 months ago
Illinois to Michigan
Customer reply replied 9 months ago
For the weekend

Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

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Customer reply replied 9 months ago
I am at work and in a conference call

The simple answer is no, you cannot. In both states if you take possession of a minor (a 17 year old is a minor unless legally emancipated) knowing that it's without consent of legal guardians, this would be harboring a runaway. In extreme situations it might even be seen as kidnapping (unlikely given the circumstances, but the legal guardians could report it as a kidnapping and could be a legal nightmare to handle).

 

Now practically speaking, harboring of a runaway requires more than 48 hours.

 

Here's the law:

 

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(720 ILCS 5/10-6) (from Ch. 38, par. 10-6)
Sec. 10-6. Harboring a runaway.
(a) Any person, other than an agency or association providing crisis intervention services as defined in Section 3-5 of the Juvenile Court Act of 1987, or an operator of a youth emergency shelter as defined in Section 2.21 of the Child Care Act of 1969, who, without the knowledge and consent of the minor's parent or guardian, knowingly gives shelter to a minor, other than a mature minor who has been emancipated under the Emancipation of Minors Act, for more than 48 hours without the consent of the minor's parent or guardian, and without notifying the local law enforcement authorities of the minor's name and the fact that the minor is being provided shelter commits the offense of harboring a runaway.
(b) Any person who commits the offense of harboring a runaway is guilty of a Class A misdemeanor.
(Source: P.A. 95-331, eff. 8-21-07.)

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Customer reply replied 9 months ago
He claims that his parents kicked him out.

So ultimately if it's under 48 hours, it wouldn't legally be harboring a runaway. But that might be something that you'd have to explain to the police officers once you were under arrest, and maybe to the judge if you were booked.

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Customer reply replied 9 months ago
So since he has been at my house since Sunday, doesn't the same hold true?

And if it's true that he was kicked out, it'd be better to call them and tell them that you intend to take him in for a few days, if they have any problem with that. If they don't object, then you can argue that they gave you consent. But frankly I wouldn't take him on his word. Yes, the same would hold true since Sunday. Note that "notifying the local law enforcement authorities" gives you a "safe harbor" here. So contact the police, say that you have someone who was kicked out and that you're giving him shelter, so you'd have that "out" should you need it.

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I would "trust but verify" here, if possible, by contacting his parents. But certainly contact the police. If it's true that he was kicked out, they almost certainly wouldn't call the police. But maybe he ran away and they've already called the police. The law requires knowledge of the fact that he ran away, so you wouldn't be convicted, but you could still have to deal with the police if they did call and report him as such.

ScottyMacEsq
ScottyMacEsq, Attorney
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Satisfied Customers: 18,160
Experience: Licensed Texas General Practice Attorney
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Customer reply replied 9 months ago
okay thank you for your help

You're welcome, and again, good luck to you!

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