Legal Question in Family Law in Illinois

legal age to choose 1 parent to live with

In a shared custody case at what age can a child decide to live with either his/her mom or dad and not go back and forth between them?


Asked on 5/16/07, 11:29 pm

1 Answer from Attorneys

Amil Alkass LAVELLE LAW, LTD

Re: legal age to choose 1 parent to live with

This communication and response is not intended as and should not be construed or understood to be legal advice. The response stated below is intended solely as a general discussion and/or forum of legal principles. You should not rely on or take action based on this response without first presenting ALL relevant details and facts to a competent attorney in your jurisdiction and then receiving that attorney's individualized advice for you. By reading the response or reply to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. DO NOT READ ANY FURTHER IF YOU DO NOT AGREE.

The child never decides a custody issue, a judge will only do that. Although not a standard by any means, many States have begun to give 'consideration' to a child's declaration of custodial preference when the child reaches the age of twelve or thirteen. In short, there is no specific "age" when a child can say who they want to live with. In most cases the circumstances of the situation will matter as much or more than the child's age. However, that the older the child is the more his or her preferences tend to influence the judge.

Read more
Answered on 5/17/07, 1:48 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois