Legal Question in Family Law in Illinois
Son's voice
My husband and his ex-wife share joint custody of their 14 year old son (will be 15 in April); he is a freshman in High school. My husband's son has expressed to us he would like to move in with us. His son has also expressed in interest in moving out of state to be closer to his dad's side of the family. Mom says he has no voice and the ball is all in her court. At what age does my husband's son have a voice that would be heard by the legal system?
2 Answers from Attorneys
Re: Son's voice
Typically, the standard that the court will look for is the "best interest of the child," however, the child's age and wishes will be a significant factor for deciding custody if they express their desire (assuming it's rational) to choose to live with one parent than the other. I find it difficult to understand why mom would say "the ball was in her court" since she does not have automatic custody. Please email me with any follow up at [email protected] or contact me for a free consultation.
Re: Son's voice
It is a graduated system where the judge will pay more attention to the child's wishes as he gets older. Normally, a court will place great weight on a 14 year old's wishes. No matter what, the court still has to feel that it is in the child's best interest to be with the parent that the child wishes. In similar cases that I have handled, I have filed a Petition to modify custody and ask the court for an 'in camera' interview with the child. This means the judge will speak with the child in private. Please let me know if you have more questions.
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