Can My Child Choose Which Parent to Live With in Illinois?

 Posted on March 27, 2025 in Family Law

When parents divorce or separate, determining child custody can be one of the most emotional and challenging aspects of the process. Many parents and children wonder whether the child gets a say and can influence the court's decision. Illinois law does allow a child's opinion to be considered, although there are important factors that parents should understand about how courts handle these situations. To learn more about these considerations, speak with a qualified Illinois family law attorney.

Does Illinois Allow the Child to Choose Which Parent to Live With?

Illinois courts prioritize the best interests of the child when making custody decisions, which are legally referred to as the allocation of parental responsibilities and parenting time. The child's wishes can be taken into account, but they are not the only factor that is considered.

The court will evaluate several aspects, including:

• The child's age and maturity level

• The child's relationship with each parent

• The child's adjustment to their home, school, and community

• Each parent's ability to provide for the child's needs

• Each parent’s willingness to facilitate the child’s relationship with the other parent

• Any history of abuse or domestic violence

• The mental and physical health of all individuals involved

Under Illinois law, there is no specific age at which a child gains the right to decide where they will live. However, courts tend to give greater weight to the preferences of older children who demonstrate maturity and can articulate valid reasons for their choice.

How Does the Court Evaluate a Child's Preference?

When a child prefers to live with one parent over the other, there are several ways the court might try to assess the child's reasoning and ensure the preference aligns with their best interests. There might be an in-camera interview, in which the judge speaks with the child privately in the judge's chambers. This setting allows the child to share their thoughts without pressure from either parent. 

A guardian ad litem (GAL) might be appointed to represent the child's best interests. The GAL often interviews the child, parents, and other parties involved before providing a recommendation to the court. Another way to try to evaluate the child’s preferences is by consulting with mental health professionals, counselors, or other experts to better understand the child's emotional well-being and family dynamics. The court will listen to the child, but if those preferences do not reflect what is truly in the child's best interests, they will not be the determining factor. A judge is unlikely to make custody decisions based solely on the child's desire for less discipline, fewer household rules, or similar concerns.

Contact a Cook County, IL Child Custody Lawyer

When your child expresses a strong preference to live with you instead of the other parent, the court will consider this, along with several other factors before making a decision. A knowledgeable Chicago, IL family law attorney can explain how these decisions are made and what you can do as you pursue your best outcome. At The Law Offices of Curtis Bennett Ross, L.L.C., we are dedicated to helping children and families get through challenging chapters in their lives so they can move past them and thrive. Call us at 312-984-1514 to schedule an initial consultation so we can get started.