Legal Question in Family Law in Illinois

Re: child chooses who to live with

An Illinois court might agree with the expressed preference of a child regarding custody, but the preference of the child is only one of several factors Illinois courts consider.

Illinois law requires the court determine custody "in accordance with the best interests of the child," considering the following factors:

(1) the wishes of the child's parent or parents as to his custody;

(2) the wishes of the child as to his custodian;

(3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest;

(4) the child's adjustment to his home, school and community;

(5) the mental and physical health of all individuals involved;

(6) the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person;

(7) the occurrence of ongoing or repeated abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, [FN1] whether directed against the child or directed against another person;

(8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child; and

(9) whether one of the parents is a sex offender.

In short, the child's preference is but one factor considered. Generally, the older the child, the greater the weight given his/her preference, but the preference of the child is not always the deciding factor.