Can a Child Choose Which Parent to Live With in Illinois?

 Posted on August 06, 2026 in Divorce / Family Law

A child under 18 cannot decide which parent they will live with simply because they have reached a certain age. Instead, an Illinois judge may consider the child's wishes as one factor when deciding what parenting plan is in the child's best interests.

If you are involved in a parenting dispute, it is important to understand how Illinois courts make these decisions. A Geneva divorce and family lawyer can explain how your child's preferences may affect your case and what factors the court is likely to consider.

Is There an Age When a Child Can Choose Which Parent to Live With?

Illinois does not have a certain age when a child gets to decide which parent they want to live with.

Instead, parenting time decisions are governed by the Illinois Marriage and Dissolution of Marriage Act. Under 750 ILCS 5/602.7, judges must decide parenting time based on the child's best interests. One factor is what the child wants. The judge will also consider whether the child is mature enough to express a thoughtful and independent opinion.

For example, the opinion of a mature 16-year-old may carry more weight than that of a young child. Even then, the child's preference is never the only factor. The court must look at the whole family situation before deciding whether a parenting plan should change.

What Does the Judge Consider in Illinois’ Custody Cases?

A child's wishes matter, but they are only one part of the decision. The court must look at the full picture before deciding what parenting schedule is best for the child.

Some of the factors a judge may consider include:

• The child's relationship with each parent

• How much time each parent has spent caring for the child

• How well the child is adjusted to home, school, and the community

• The mental and physical health of everyone involved

• Whether each parent supports the child's relationship with the other parent

• Whether there is a history of abuse, neglect, or domestic violence

• Any other factor that affects the child's best interests

For example, a teenager may want to live with one parent because that home is closer to school, friends, sports, or other activities. A judge is more likely to consider those practical reasons than a preference based on fewer household rules, later curfews, or expensive gifts.

How Does the Court Learn What the Child Wants in a Custody Case?

Illinois courts try to keep children out of the middle of custody disputes whenever possible. In most cases, children do not testify in open court.

Instead, a judge may appoint a Guardian ad Litem (GAL). They talk with the child, the parents, and other people involved in the child's life before sharing their findings with the court or advocating for the child's best interests. Their goal is to help the judge understand the family's situation without placing unnecessary stress on the child.

Depending on the facts of the case, the judge may use other appropriate ways to learn what the child wants while protecting the child's well-being. No matter how the information is gathered, the court's main concern is always the child's best interests.

Can Parents Change the Parenting Plan Without Going to Court?

In most cases, a child's opinion alone does not change a court order. Until a judge approves a change, or both parents reach an agreement that the court accepts, the current parenting plan remains in effect.

If your family's circumstances have changed, you may be able to ask the court to modify the parenting plan. The judge will review the facts and decide whether the requested change is in the child's best interests.

Changing the parenting plan without court approval can create legal problems. If you believe your current plan no longer works for your family, it is a good idea to speak with a lawyer before making changes on your own.

Talk to a Geneva, IL Child Custody Attorney

Questions about parenting time are often emotional, especially when an older child wants more say in where they live. Understanding how Illinois law works can help you make informed decisions and avoid unnecessary conflict.

A Kane County family lawyer at Loire Krajniak Law, LLC can explain your rights, answer your questions, and help you protect your relationship with your child. Call 630-448-2406 today for a free consultation.