Choosing a parent to live with after a divorce — at what age can a child make that decision? In Illinois, there is no age that a child can choose which parent they wish to live with. The court can consider the preference of a child, but that preference does not determine where the child will live. It is one of many factors the court will consider. Depending on the age of a child, the court could give more weight to a specific preference, but, again, that preference does not determine where the child will live. The court can also consider the maturity level of the child, in whether or not if the child’s preferences are based upon the influence of one parent or another, or whether the child understands the consequences if the court were in fact to make a decision based upon the child’s desire of where he or she wants to live.
At what age can a child choose which parent they wish to live with?
According to Illinois law, a child cannot choose which parent they wish to live with until the reach the age of majority, which is 18.
Michelle R. Mosby-Scott is a lead family law attorney at Allison & Mosby-Scott in Bloomington Illinois. She focuses solely on family law, regularly representing clients in divorce, child custody and support, pension division and removal, and alimony. www.allisonmosby-scott.com
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