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

 Posted on April 14, 2025 in Family Law

When parents go through a divorce or separation, one of the most emotional parts of the process is deciding where the child will live. Many parents wonder if their child can choose which parent to live with. This is a common question in Illinois family law, but the answer is not as simple as "yes" or "no." 

While a child’s wishes may be considered, they are exclusively considered and the child does not have the final say. Instead, the court looks at various factors to decide what would be best for the child. To learn more about how these decisions are made, contact a qualified Illinois family law attorney with experience representing parents in custody cases.

Who Decides What is in the Child’s Best Interest?

Under Illinois law, custody decisions are made based on what is in the best interests of the child. Judges look at several things to figure out what living situation would best serve the child’s needs and interests, including:

• The child’s relationship with each parent

• Each parent’s ability to provide care

• The child’s school and community ties

• What the child wants

The child’s opinion is one of those factors, but it is not the only one.

At What Age is a Child’s Opinion Considered in Custody Decisions?

There is no specific age in Illinois when a child can choose where to live. Some people believe that a child gains that right at a certain age, but the law does not work that way. Instead, the court looks at whether the child is mature enough to express a reasoned preference. 

If a child says he wants to live with one parent just to avoid rules or chores, the court will not likely give that opinion serious weight. However, if a child gives thoughtful reasons – for example, if she feels safer, closer, or more supported with one parent – that will typically be taken into account as the court makes its decision.

To gather this information, the judge might speak with the child in private or appoint a trained professional like a guardian ad litem (GAL) to speak with the child and share their findings with the court. These steps are designed to protect the child from being placed in the middle of a conflict between the parents. The goal is always to support the child’s well-being and long-term success.

Contact a Schaumburg, IL Child Custody Lawyer

Every family is different, and custody decisions can be complicated. At A. Traub & Associates, we combine the resources of a large legal team with the personal care and attention your family deserves so we can advocate passionately for the outcome you want. One of our dedicated Schaumburg, IL family law attorneys will take the time to listen, learn about your unique situation, and guide you through the process in a friendly and down-to-earth way. To learn more about your child’s role in your custody case, call us at 630-426-0196 and schedule your initial consultation.