Legal Question in Family Law in Illinois

My stepdaughter is 16. My husband (her father) has full custody and she visits her mother every other weekend and over the summer. She is now telling her father that because she is 16 and it's legal, she wants to live at her mothers. Her father does not want her to live at her mothers for many reasons I won't get into. Is this something he needs to go back to court over or can she just choose to live at her mothers and we can't force her to come back home?


Asked on 8/04/09, 5:33 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

She cannot legally leave home at 16 nor decide where she is going to live if the custodial parent objects. Further Mother cannot just let her move in over father's objections without getting into problems with both the police and the courts. However, given her age and her stated intent, it might be well for your husband to be more liberal in giving mother visitation with the girl lest you create a far more difficult situation.

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Answered on 8/09/09, 8:52 pm


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