Legal Question in Family Law in Illinois

teminating gaurdinship

hi i have a 13 year old daughter who leaves with her dad i gave him gaurdinaship until i could get back finacially stable and he would let her come back home and i tried terminating gaurdinaship and they denied it because they thought it was better for her to go to school there but she doesn't want to be there and ranaway from home i want to know what is the legal age for a child to determine where they want to live


Asked on 12/13/08, 7:42 pm

2 Answers from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: teminating gaurdinship

Until the child is 18, they don't have a definitive say in where they live, but the court MIGHT at least listen to what she has to say before making a decision (they rarely want 13 year olds to testify). Due to the fact that she ran away and is now at your house, I think you need to see an attorney about this asap.

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Answered on 12/13/08, 11:07 pm
John Steele Steele Law Firm

Re: teminating gaurdinship

THe court gives greater deference the older the child is. Thirteen is right on the cusp of the judge giving the child's opinion great weight. 14 and 15 year olds have a great amount of influence.

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Answered on 12/14/08, 11:36 am


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