Do Older Kids Get Any Say in Which Parent They Live With?

 Posted on January 15, 2025 in Child Custody

In Illinois, child custody — now referred to as "allocation of parental responsibilities" — is decided based on the best interests of the child. Many parents going through a divorce or custody dispute wonder whether their older children will have a say in which parent they live with. Many older kids wonder about this, too. 

While Illinois law does consider a child’s wishes as part of the decision-making process, their preferences are just one factor among many. The final decision rests with the court, which tries to create a parenting plan that best supports the child’s well-being.

If you are facing a custody dispute and want to better understand how your child’s preferences may impact the outcome, an Illinois family law attorney with many years of experience can provide advice tailored to your situation.

Do Illinois Courts Care About What Kids Have to Say? 

Under Illinois law, courts must consider a number of factors when deciding how parental responsibilities (custody) and parenting time (visitation) should be assigned to each parent. The child’s preference is one of these factors, but it is not the most important factor. 

This means that:

• Older, more mature children may have their preferences weighed more heavily. For example, a 15-year-old who can clearly explain why they feel more comfortable living with one parent may influence the court’s decision more than a younger child who is not as capable of expressing their reasoning.

• The court evaluates whether the child’s preference is reasonable. If a child wants to live with a parent simply because they have fewer rules or are more permissive, the court may give less weight to that preference compared to preferences based on factors like stability, emotional bonds, or proximity to school and friends.

• The child’s best interests come first. Even if a child expresses a strong preference, the court may override their wishes if it determines that living with the preferred parent would not be in the child’s best interests.

What Factors Are Considered in Custody Decisions?

In addition to the child’s preference, Illinois courts look at a wide range of factors to determine what is in the best interests of the child, including:

• Each parent’s ability to provide for the child’s physical and emotional needs.

• The child’s relationships with parents, siblings, and other family members.

• The child’s adjustment to their home, school, and community.

• The physical and mental health of both parents and the child.

• Any history of abuse, neglect, or violence.

• The willingness of each parent to encourage a relationship between the child and the other parent.

It is important to remember that every case is unique, and the court will carefully evaluate the specific circumstances of each family.

Do Kids Ever Have to Testify Against Their Parents in Court?

Children are not required to testify in open court about their custody preferences. Instead, a judge may appoint a guardian ad litem (GAL) or a child representative to interview the child in a more comfortable setting and present their findings to the court. Alternatively, the judge may conduct a private interview with the child in the judge’s chambers.

Contact a Wheaton, IL Family Lawyer

If you are involved in a custody dispute and want to understand how your child’s preferences might impact the outcome, it is crucial to have an experienced attorney by your side. A knowledgeable DuPage County, IL family law attorney at Andrew Cores Family Law Group can help you create a strong case and give you the best chance of a favorable outcome. Call 630-871-1002 today to schedule a free consultation.