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

One of the most common questions parents ask during a divorce or parenting dispute is whether a child can choose which parent they want to live with. In Illinois, the short answer is no — not entirely. While a child’s wishes may be considered, they are only one of many factors a court evaluates when determining parenting time.

Illinois Law on Parenting Time

Under 750 ILCS 5/602.7, Illinois courts determine the allocation of parental responsibilities (commonly referred to as “parenting time”) based on the best interests of the child. Although the statute allows a court to consider a child’s wishes, that preference is never the sole deciding factor.

Ultimately, the court’s primary concern is ensuring the child’s safety, stability, and overall well-being, even if that outcome differs from what the child prefers.

How Much Weight Does a Child’s Preference Carry?

A child’s wishes are one factor among many. The court will consider:

• The child’s age
• The child’s maturity
• The child’s ability to understand the consequences of their choice
• Whether the preference is independent or influenced by pressure from a parent or others

The older and more mature the child, the more weight the court may give to their preference. However, a child’s choice alone will never determine primary parenting time.

How Is Parenting Time Determined?

When allocating parenting time, the court considers all relevant factors, including but not limited to the following under 750 ILCS 5/602.7:

1. The wishes of each parent seeking parenting time
2. The wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences
3. The amount of time each parent spent performing caretaking functions during the 24 months before the case was filed
4. Any prior agreements or course of conduct between the parents
5. The child’s relationship with parents, siblings, and others who significantly affect the child
6. The child’s adjustment to home, school, and community
7. The mental and physical health of all individuals involved
8. The child’s needs
9. The distance between the parents’ residences and the ability to cooperate
10. Whether a restriction on parenting time is appropriate
11. Any history of physical violence or threats of violence
12. Each parent’s willingness and ability to put the child’s needs first
13. Each parent’s willingness to encourage a close relationship with the other parent
14. Any abuse involving the child or household members
15. Whether either parent is a convicted sex offender
16. The terms of a parent’s military family-care plan, if applicable
17. Any other factor the court finds relevant

What Happens If Parents Agree?

If parents reach an agreement on parenting time, they may enter into a Parental Allocation Agreement (PAJ). This written plan outlines how parenting time will be divided and must be entered with the court.

What Happens If Parents Cannot Agree?

If the parents are unable to reach an agreement, the court will decide after a hearing. During that process, the judge will review evidence, testimony, and any professional recommendations to determine what arrangement serves the child’s best interests.

How Does a Child Express Their Preference to the Court?

Depending on the child’s age and the facts of the case, a child’s wishes may be communicated to the court in several ways:

1. Interviews with the Judge

A judge may speak directly with the child in chambers, outside the presence of the parents, to provide a more comfortable and private environment.

2. Child Representative or Guardian ad Litem (GAL)

The court may appoint a Child Representative or GAL, an attorney tasked with investigating the case and making recommendations based on the child’s best interests. Their input often carries significant weight.

3. Professional Evaluations

In some cases, the court may order psychological or mental health evaluations to assess the child’s emotional well-being. These evaluations can provide insight into the child’s needs, concerns, and preferences.

Will the Court Grant the Child’s Request?

In most cases, no. While a child’s wishes may be considered, they are rarely the deciding factor. Courts are cautious because children may not fully understand the long-term impact of their choice or may be influenced by pressure from a parent or other individuals.

What If a Child Refuses to Visit a Parent?

If there is an entered parenting plan, both parents must comply with it, even if the child resists visitation. A child’s refusal may indicate that the current parenting plan is no longer working.

Under 750 ILCS 5/610.5, a parenting plan may be modified. Parents should document incidents of refusal and consult with an attorney promptly.

Possible solutions may include:

• Therapy or counseling
• Appointment of a Child Representative or GAL
• Further court involvement to address underlying issues

Courts recognize that parenting is complex and that a child’s emotions matter. The goal is not punishment, but to identify and resolve the root cause of the issue in a way that supports the child’s well-being.