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

 Posted on September 25, 2025 in Child Custody

Child custody disputes are often the most stressful part of a divorce. Many parents wonder whether their child’s wishes will affect the court’s decision about parenting time. In Illinois, children do not have the final say about where they live. However, judges can consider a child’s preference as one of many factors when deciding what arrangement is in the child’s best interests. If you are facing a custody case, speaking with a DuPage County, IL family law attorney can help you understand how the law may apply to your situation.

Does a Child’s Preference Impact Custody in Illinois?

Illinois law does not give children the power to decide custody schedules, but what they want can still matter. Under 750 ILCS 5/602.7, judges must decide parenting time and parental responsibilities based on the child’s best interests. A child’s preference is one of many factors considered by the court, but it does not control the outcome.

When Do Judges Consider a Child’s Preference?

A judge may give more weight to the child’s opinion if the child is mature enough to explain clear reasons. For example, a teenager who says they want to live with one parent because the other parent lives far from school and friends may be taken more seriously than a younger child who simply says they like one parent better.

What Other Factors Matter in Custody Decisions?
Illinois courts look at many factors when deciding custody. These include:

• The child’s adjustment to home, school, and community

• Each parent’s ability to provide for the child’s needs

• The physical and mental health of all parties involved

• How well each parent encourages a relationship between the child and the other parent

• Any history of domestic violence or abuse

How Can a Lawyer Help in Child Custody Cases?

Custody cases can be emotionally charged and legally complex. An attorney can help present your side to the court, highlight the factors that support your parenting role, and ensure that your child’s voice is heard in a way that complies with Illinois law. Having skilled legal guidance is especially important if you believe the other parent may try to influence your child’s opinion unfairly. An attorney can help make sure the court hears your child’s voice fairly, while also protecting your role as a parent.

Contact a Wheaton, IL Child Custody Lawyer

If you are facing a custody dispute and want to know how what your child wants might affect the case, you do not have to handle the process on your own. At Fawell & Fawell, your family is our priority. We take a practical approach to custody cases, focusing on solutions that protect your child’s best interests. Call 630-871-2400 today to schedule a free consultation with a DuPage County, IL child custody attorney.