Legal Question in Family Law in Illinois

Re: custody question

The answer to your question depends on many factors: the age of your daughter is certainly a very important one, but not determinative. Courts will entertain petitions for modifications of custody provisions submitted by one of the parent and might consider the statements of the minor child even if the child is very young (less then 10 years of age for example). However, many other factors will be considered: the reason for the change of custody is the most important... is the safety of the child involved? In addition, what would be the advantages of moving to a different location, such as better schools, better enviroment. The Court would also look at what the child would leave behind... such as established friendships, church, school, relatives... and so forth. As a result, in order to answer to your question, one would have to look at the entire picture and then make a determination as to whether it is wise to proceed. Therefore, keep in mind, that the simple wish of a child to live with the other parent, in the absence of other underlying problems, is generally not a basis for a Court to revisit a custody order, and until the child is a minor, there is not much that he/she can do without permission of the residential parent. Good luck.