Is My Child Old Enough to Choose Which Parent They Live With? 

 Posted on March 15, 2022 in Divorce

When Illinois courts make decisions about child custody arrangements, the first priority is to ensure the arrangement is in the best interests of the child. Depending on the parents’ circumstances, this can mean very different things for different families. And, as a child grows older, her preferences are likely to play a larger role in determining which parent she spends time with. 

Although a court’s preference is generally to see a child maximizing the time spent with each parent, older children may prefer to spend most or all of their time with one parent. However, just because a child wants something does not make it good or prudent. So, how old does a child have to be before they can choose which parent they live with? And what can a parent do if he or she objects to the child’s choice? 

How Are a Child’s Best Interests Determined? 

If both parents agree to a parenting schedule and the child consents, a court is likely to approve of the arrangement unless they fear it would not be in the child’s best interests. But when parents disagree with each other’s proposed parenting time schedule, courts may appoint a guardian ad litem at the expense of one or both parents. A guardian ad litem is responsible for working with a child to assess her wishes and to get an overall sense of the situation. A guardian ad litem may speak for the child in court and may make recommendations to a judge regarding parenting arrangements. 

Children age 14 or older are more likely to have their preferences taken into account. However, judges are experienced and wary of children or parents who appear to be making parenting time decisions based on a perceived lack of structure or discipline. For example, if a child is 15 years old and is allowed to stay up late, eat whatever they like, and rarely compelled to do their homework at one parent’s house, a court may not approve an arrangement where that child spends most or all of their time at that parent’s home. 

If a parent objects to a child’s preferences about a parenting schedule, the parent should prepare evidence to show why such an arrangement would not be in a child’s best interests. This could include poor report cards, affidavits from teachers or adults who know the child well, and other evidence that suggests the child would not be given the structure and nurturing they need if their preferences were to be followed. Likewise, a parent hoping to obtain more time with the child should try to show that it would be in the child’s best interests to change the arrangement. 

Schedule an Initial Consultation with a DuPage County Parenting Time Lawyer

The prospect of a minor child choosing which parent they want to live with can bring up a lot of unexpected feelings and concerns. If your situation may require a modification in your parenting agreement, schedule a consultation with a DuPage County child custody modification attorney. At The Stogsdill Law Firm, P.C., our outstanding team is here to help meet your parenting arrangement needs. Call us today at 630-462-9500 to schedule an initial consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000