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

 Posted on October 11, 2025 in Child Custody

In Illinois, children have a voice in custody cases. While their opinions matter, the law does not consider those opinions exclusively when making such decisions. Judges must look at several factors to decide what is truly in the child’s best interests. If you have questions about parental responsibilities, a Glendale Heights, IL child custody lawyer can help. We will guide you through the process and protect your child’s well-being.

At What Age Can a Child Choose Where They Live?

There is no specific age in Illinois at which a child can choose where they live. Under 750 ILCS 5/602.7, judges must consider the child’s wishes, but this is only one part of the overall decision. The child’s age, maturity, and ability to understand what is happening impact how much weight is given to their opinion.

A teenager’s opinion may carry more weight than a younger child’s, but it does not decide the case. For example, a 15-year-old who can explain why they feel safer or more comfortable in one parent’s home may influence the judge’s decision. Still, the judge must look at whether that choice supports the child’s emotional and physical well-being.

How Is Custody Determined in Illinois?

Illinois no longer uses the word "custody." Instead, the law calls it the "allocation of parental responsibilities." This means dividing both decision-making authority and parenting time. Under 750 ILCS 5/602.5, the court looks at several factors, such as:

• The wishes of each parent and the child

• The child’s relationship with each parent, siblings, and other important people

• How well the child is doing at home, in school, and in the community

• The mental and physical health of the child and both parents

• Any history of violence, neglect, or abuse

Sometimes, parents can reach an agreement by creating a parenting plan, which explains how decisions will be made and how time will be shared. However, the judge must approve this plan to make it official. When parents cannot agree, the court will decide after reviewing all the information and hearing from both sides.

What Happens if a Child Refuses Visitation With a Parent?

Sometimes, a child may not want to spend time with one parent. Regardless, when there is a court order for parenting time, both parents are expected to follow it. If the current arrangement is no longer working, you can ask the court to modify custody or parenting time under 750 ILCS 5/610.5. The court can update your order to address any substantial changes in circumstances or when the modification would better serve the child’s best interests.

If your child refuses visitation, the best approach is to document what happened and talk to an attorney about possible next steps. Courts understand that a child’s feelings are meaningful and may reflect deeper issues that need attention. A judge might order counseling or appoint a guardian ad litem, who represents the child’s interests, to help assess the situation.

Contact a Lombard, IL Parental Responsibilities Attorney Today

Having an attorney who is experienced and supportive can make a difficult process easier. Attorney Robert F. Kramer is an accomplished trial and appellate lawyer with more than 40 years of experience helping Illinois families with child custody and support cases. Known for his caring approach, he works closely with each client to provide steady guidance and reassurance during stressful times.

At The Law Offices of Robert F. Kramer, Ltd., our Glendale Heights, IL child support lawyer is here to help you protect your child’s best interests and your parental rights. Contact us today at 630-785-2400 to schedule a free 30-minute initial consult.