Legal Question in Family Law in Illinois
Childrens legal rights requiring visitation
My son and I reside in Michigan but his father and I were divorced in IL. My son goes to visit his father because the law says that his father is entitled to spend so much time with him. For years my son has spent time with him because he knows he has too. He wants to know at what age does he have the right to decide how long he stays?
2 Answers from Attorneys
Re: Childrens legal rights requiring visitation
There is no set age. You would have to petition the court for a change in custody, and if his father disputed it, the courts would decide what was in the best interests of the child, and WOULD take the child's "testimony" into consideration very heavily. I have seen courts put children as young as 5 on the witness stand and ask them about what parent they want to live with, etc.
Re: Childrens legal rights requiring visitation
There is no such age. As a legal matter the father's entitled to visitation as long as the child is a minor. Once your son is not a minor he can do what he wants. Practically, once kids get to a certain age I think they can make things pretty miserable for the parent if he/she really doesn't want to go to visitation.
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