Legal Question in Family Law in Illinois

I am 17 years old and live with my mother. My parents are divorced, my mom has full custody. My mom is never home. She stays at her boyfriends house 5 nights a week and we hardly ever have food in our refridgerator. I am trying to find out if at the age of 17, I have the legal ability to choose to move in with my father because I feel I would be happier and have a more stable life. Please help.


Asked on 6/23/11, 10:31 am

1 Answer from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

In the situation described in your inquiry, legal counsel includes: 1) Yes, a family court judge will listen to the testimony of a 17 year old child regarding her situation and her preferences regarding custody and other parental issues because the court considers the best interests of the child to be a priority; 2) your father could initiate action in court re change of custody, visitation, etc.; 3) any marital or divorce settlement agreement is relevant; however, your present situation and preferences are most important; 4) if you believe the need to relocate in immediate, you may take that action; of course, the permission and cooperation of your father is important. Realize this is a general response based on your description of the facts.

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Answered on 6/23/11, 11:13 am


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