Parents often wonder at what age their child can decide where they live in Illinois. That answer is eighteen. Before that time, child custody is determined by the family law courts in Illinois.
When considering the parenting time schedule for a child, the court must consider the best interests of that child. To determine what is in the child’s best interest, the court must consider seventeen different statutory factors, including, but not limited to, the child’s wishes.
The child’s wishes on where they want to live are only one of the factors the court takes into account. When considering the child’s preference, the court has to take into account the individual child’s maturity. They look at the child’s ability to express their preference. The older and more mature a child is, the more weight their preference will have, but it is never the sole factor.
For example, the preference of a seventeen-year-old with a driver’s license will likely be given more weight than that of a three-year-old.
It’s important that a child is allowed to be a kid, regardless of age or maturity. That means keeping them out of the court process as much as possible. The court does not want the child to worry about upsetting the other parent or lying to protect feelings. Furthermore, children can be bribed or manipulated. This is why it is important to consider a variety of factors when determining what is in their best interests. While a child in Illinois can decide where they want to live, the court makes the final judgement until they are 18 years of age.
Are you interested in discussing how your child’s preference may be a factor in determining parenting time? Contact our Swansea, Illinois, office to set up a consultation.