Legal Question in Family Law in Illinois
In Illinois at what age is a child opinion to who he wants to live with considered? Also his mother has lied to court for the last 7 years about how much I keep him so her support is not reduced, what do I do? I have kept a 2 bedroom furnished for him since his birth. She now has denied me seeing him for the last 3 months and he has to sneak and call me. we go back to court 2/5/10. I have printed out emails dating back 3 years showing him being with me and her asking me to buy supplies and etc., but she lies to court and says I do nothing.
1 Answer from Attorneys
Legally, the child never gets to decide where to live, but as the child grows older, the court does listen to him. If your son wants to live with you, you can always seek to modify the custody order and it is likely that an attorney would be retained for him. Depending on his age and the reasons he wants to move, you likely could see a change in custody. The court will ask, "why does this boy want to live with his father?" If mom is making it hard for the boy to have a relationship with his dad, that one fact alone can have a great impact in the court's mind. But if the court is able to determine that dad is just more fun, not as strict, that your son gets to do whatever he wants in your care because you are more like "buddies," then custody probably would not be changed. If you want to contact me in person, it will be easier to flush this out. I'm in the office tomorrow if you want to call, 312-715-0870, you can also visit our website at www.illinoislawforyou.com, or email me at [email protected].