When parents separate or divorce, one of the biggest concerns is where the child will live. People often ask if the child can decide which parent they want to live with.
While a child may have a strong preference about where they want to live, that doesn’t automatically determine the outcome of a parenting case. Instead, courts focus on the child’s best interests.
Determining what is in the child’s best interests
Illinois courts consider many factors when making parenting decisions, such as:
- The child’s needs and each parent’s ability to meet those needs
- The child’s relationship with each parent and each parent’s willingness to promote a relationship between the child and the other parent
- Any history of domestic violence or abuse
- The mental and physical health of the parents
- Each parent’s ability to provide a safe and supportive environment
There is no magic age at which a child can choose their residence. Still, a judge may give greater weight to a teenager who can explain a preference and provide reasonable, independent reasons than a young child’s preference.
Children’s preferences can change as they grow older. They may want to spend more time with one parent because of a change in school, extracurricular activities or other personal circumstances. However, a change in preference doesn’t automatically modify an existing parenting order. A change may require requesting a modification through the court.
Parents can sometimes reach an agreement about changes to the parenting arrangement. Such an agreement can make the process easier, but the change still needs to be incorporated into a court order to become legally enforceable.
Whether your child wants to live primarily with you or the other parent, it’s important to understand your legal rights and responsibilities. Discuss your circumstances with a legal professional who can help protect your parental rights while keeping your child’s best interests at the center of the process.