What Role Do Child Interviews Play in an Illinois Child Custody Case?

 Posted on September 20, 2026 in Child Custody

In Illinois family law cases, the terms "child custody" and "visitation" are now referred to as "allocation of parental responsibilities" and "parenting time." When divorcing parents cannot agree on an arrangement for dividing parental responsibilities and parenting time, the court may need to intervene. Custody-related legal proceedings can be stressful for both the parents and the children.

If you are in a legal dispute with your child's other parent, you may have concerns about your child's involvement in the case. A child’s testimony is sometimes used in Illinois child custody disputes, but not in every case.Fortunately, Illinois courts have several methods for conducting child interviews in a way that minimizes the stress on the child. At The Stogsdill Law Firm, P.C., our Wheaton, IL family law attorneys have over 100 years of experience, and we have helped numerous families in contested custody cases.

Will My Child Be Put on the Witness Stand?

If you and your child's other parent cannot agree upon a parenting arrangement, a judge will be tasked with making a custody determination that serves the child's best interests. You may wonder whether this means that your child will be forced to testify in court. Children are rarely placed on the witness stand. If the judge wants to hear directly from the child, the judge can speak with the child in chambers instead of in open court. The judge may ask the child questions about their thoughts, feelings, and preferences.

Unless the parents agree otherwise, their attorneys will be present during the interview. A court reporter will make a word-for-word record, and the transcript will be filed under seal (750 ILCS 5/604.10).

What if a Parent Attempts to Manipulate a Child's Testimony?

Legal disputes between parents can be very hard on a child. When a parent attempts to "coach" a child or tell him or her how to answer questions in a child interview or testimony, this can be especially damaging to the child's emotional well-being. Fortunately, judges know that some parents try to manipulate the outcome of a child custody case. Courts are vigilant for signs that a child has been pressured to testify a certain way. If a parent manipulates a child's testimony, this may be a sign that he or she does not have the child's best interests at heart.

In some child custody disputes, the court appoints a special lawyer called a guardian ad litem (GAL). The GAL investigates the case and makes a recommendation based on the child’s best interests. As part of the investigation, the GAL can interview:

• The child 
• Parents
• Other family members
• Doctors
• Therapists
• Teachers 
• Childcare staff 

The GAL can also visit each parent’s home and review other useful information. The judge will consider the GAL’s recommendation but does not have to follow it.

How Much Weight Is a Child’s Opinion Given in Illinois Custody Cases in 2026?

Illinois judges do give fair consideration to a child's opinion in custody cases, but that alone does not decide the outcome. State law lists the wishes of the child as one factor in allocating parenting time and decision-making responsibility. The child’s maturity plays a large role when evaluating his or her opinion.

No set age exists at which a child's choice becomes binding. A thoughtful 15-year-old who gives clear reasons for wanting a certain schedule may receive more consideration than a nine-year-old who repeats what a parent has said. The judge also looks at whether the preference appears genuine. A stated wish that seems driven by pressure, gifts, or looser household rules will not have as much sway with the court. The child's opinion is weighed against every other factor that affects the child's best interests, like developmental needs and the parents’ ability to provide a stable home.

What Else Do Judges Consider When Making Decisions About Parenting Time or Decision-Making Responsibilities?

Judges deciding parental responsibilities review a long list of best interest factors set out in Illinois law. One factor is the amount of time each parent spent caring for the child during the 24 months before the case was filed. The court also looks at any prior agreement between the parents, the child's adjustment to home, school, and community, and the child's relationships with parents, siblings, and other important people.

The physical and mental health of everyone involved is part of the review. Practical issues are taken into consideration too, including the distance between the two homes, the cost and difficulty of transportation, and each parent's daily schedule. Judges pay close attention to whether each parent is willing to support the child's relationship with the other parent. Evidence of abuse, domestic violence, or ongoing conflict can change the outcome.

Are Both Parents Assumed to Be Fit in Illinois Custody Cases?

Illinois law presumes that both parents are fit at the start of a custody case. A judge cannot restrict parenting time unless the court finds it is more likely than not that the parent acted in a way that seriously endangered the child’s physical, mental, or moral health or greatly harmed the child’s emotional development. The law allows the judge to order supervised parenting time, exchanges in a protected setting, limits on overnight visits, treatment, or other restrictions (750 ILCS 5/603.10).

The parent asking for a restriction carries the burden of proof. Concerns about a parent's habits, parenting style, or income do not meet that standard on their own. The evidence must point to serious danger to the child, and the judge must hold a hearing before placing limits on a parent's time.

Contact Our Wheaton, IL Child Custody Attorneys

Whether you are considering ending your marriage or you have already filed for divorce, our skilled DuPage County, IL divorce lawyers at The Stogsdill Law Firm, P.C. can help. We can help you negotiate a parenting plan with your child’s other parent, ask the court to allocate parental responsibilities and parenting time, or request that the court appoint a guardian ad litem. Call us today at 630-462-9500 to schedule a confidential consultation.