Legal Question in Family Law in Illinois

can a 13 yr old child from illinois decide what parent they want to live with? My stepson and his mother recently decided that he should live with her, so she is getting ready to hire a lawyer. The only reason he wants to move out is we took away his phone and computer because ever since she moved into town his behavior has gotten worse. She actually hid his report card from us so he would not get in trouble because of his grades. He was an a student, now with her in town he gets c's. She will not punish him, and thats why he wants to live there. The main reason I'm not sure if he should be able to decide is his mom gave up custody of him when he was about 2 ( it did not go to court she volutarily signed over rights to my husband), and when she finally stopped doing as many drugs. my husband gave her visitation back. We have full custody of this child. I guess my question is will his opinion really matter to the judge when the reason he wants to live there is so he does not get in trouble and his mom lets him do what he wants. Also his mom asked him if he was 100% sure this is what he wants, and he said oh about 70%. Will she get custody?


Asked on 3/28/11, 7:50 am

1 Answer from Attorneys
David Gotzh Law Office of David Gotzh

Without an attorney, the mother will likely prevail. Pro Se people make terrible attorney's, you won't be allowed to be in the courtroom to advocate for your husband, the first court appearance will go very badly, and by the time he retains someone, most of the damage will already be done b/c the other side will stick him with mediation fees to the tune of $1,000 or so.

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Answered on 3/28/11, 7:57 am


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