How Much Say Do Illinois Kids Have In Their Custody?

 Posted on January 15, 2025 in Family Law

One of the biggest concerns for parents going through a divorce is how they will continue raising their children when they are no longer married to each other. It can be extremely difficult and stressful for parents to decide what type of custody arrangement works for them. As with all decisions that impact a child, several factors are considered but the highest priority is on what would be in the child’s best interest.

What happens when the child expresses a strong preference? Will the court rule based on what the child wants? To understand how much influence your child can have on your custody arrangement, speak with a qualified Illinois family law attorney. 

How Is the Child’s Best Interest Determined?

Illinois courts make custody-related decisions based on what they find to be in the child’s best interests. To determine this, the judge considers several factors, including:

• The child’s emotional and physical needs

• The parents’ financial capabilities

• The parents’ mental and physical health

• The parents’ employment situation and degree of flexibility and availability

• The child’s relationship with each parent

The ultimate goal is to understand what type of custody arrangement would be the most beneficial for the child.

When Does the Child Get to Weigh In?

You might assume that since the child’s best interest is the main factor considered when determining custody, the child’s own opinion about it should matter the most. While children are certainly given an opportunity to express what they want, their age can impact how much their opinions can influence the court’s decision.

In Illinois, children who are at least 14 years old can tell the court if they prefer to be with either parent. If that happens, the judge will consider what the child has said, along with the child’s maturity, understanding of the situation, and reasoning offered. Children who are younger than 14 can also have their wishes considered but they are less influential than they are when expressed by an older child. 

In some cases, particularly if a child is too young to speak for herself in court, the judge appoints a guardian ad litem (GAL), a professional whose job is to represent a child and her interests in court. This GAL speaks with the child to understand her feelings and experiences and might also interview other people who could provide relative insight. The GAL presents any findings to the court, and the judge uses these to help make a decision.

Contact a Wheaton, IL Family Law Attorney

If you and your spouse are going to get divorced and you are worried about how you will divide your parental rights and responsibilities, speak with an experienced Lombard, IL custody lawyer to understand how such decisions are made. At A. Traub & Associates, we are dedicated to helping children and families overcome difficult periods and get the best outcome. Call us at 630-426-0196 to hear about how we plan to help you too.