Legal Question in Family Law in Illinois

At what age can the child decide which parent she wants to live with if they have joint custody.


Asked on 1/03/10, 10:21 pm

1 Answer from Attorneys

John Steele Steele Law Firm

There is no age that a child is where the court just brings the kid in and says "Where do you want to go?" It is not that simple. For example, you would agree that if a 17 year old wanted to live with a parent who was a drug dealer and homeless, the court would not allow it, even though the child is almost an adult.

What I am saying is that beginning at around 13, courts will begin to take children's wishes into account. If the other parent is currently the residential parent, there are other hurdles and things the court will have to examine. And if the courts have determined the residential parent less then two years ago, then it will be very difficult to change, unless you can prove serious risk of harm to the child by remaining.

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Answered on 1/09/10, 8:55 am


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