Legal Question in Family Law in Illinois

Re: child custody

The court must consider the preferences of the child in awarding custody, but it is not bound by that preference. The weight given to the child�s stated desire will be affected by the child�s age, reasoning, and other demonstrated maturity. This truly is a sliding scale. The older the child is, the more weight the court will give to the child's preference. The courts have indicated through dicta in various court opinions that when a child reaches the age of 14, his or her preference should be given considerable weight. One court stated that a 14 year old child's preference "should be given serious consideration by the court particularly where the child�s desire is based upon reasons related to her best interests." It is important to note that even a 14 year old child's preference will not be determinative. Likewise, a child much younger than the age of 14 may be given considerable weight if the child is of unusually developed maturity and exhibits sound and valid reasoning for his or her preference.