Legal Question in Family Law in Illinois

Getting custody of a 16 year old that doesn't want to live with you

Can my fiance get custody of his 16 year old son that doesn't want to live with him when the mother let the child drop out of school?

What else will the court look at to determine if the child gets to stay where he wants to stay (with the mom that lets him do what he wants) or give his father full custody (where there are rules for his safety)?


Asked on 10/09/08, 4:58 pm

1 Answer from Attorneys

Motty Stone Law Offices of Motty Stone

Re: Getting custody of a 16 year old that doesn't want to live with you

Court's will consider a sixteen year old's desire to live with one parent. Then again, if that parent is being neglectful and the child wants to live with the parent so he can continue getting into trouble, then that will also affect the Court's opinion.

Other factors a court will consider are each parent's ability to take care of the child financially; how disruptive a move would be to the child's schooling or other activities; how close the child is to other relatives; and whether there are any other siblings involved.

This is not a complete list, and you are also fighting against the Court's preference for leaving a child with his mother.

If you want to talk about your legal options, please feel free to give us a call.

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Answered on 10/10/08, 11:28 am


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