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 Court by assessing the Illinois state Best Interest Factors.
Factors Influencing Parenting Time
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 will be able to express their wishes at any time when they are able to express their own independent opinion regarding the time they spend with each parent. However, the child’s opinion is something the court will consider, but it will not be the only thing the court will consider prior to awarding parenting time to each parent.
The Role of Child Maturity and Preference
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.
Protecting Children from the Court Process
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.
Get Help 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.
Key Takeaways
- Courts aim to shield children from the court process to prevent manipulation and avoid emotional burden.
- In Illinois, children generally cannot choose where they live until age 18.
- Child custody decisions before age 18 are determined by the court based on Illinois’ Best Interest Factors.
- Courts consider a child’s wishes as one of many factors, giving more weight to their preference based on maturity.
Last Updated: September 8, 2026
