Can Our Child Choose Who to Live With in Our Divorce?

 Posted on June 26, 2025 in Child Custody

If you are a parent heading toward divorce, you might find yourself wondering whether your child’s preferences will affect custody outcomes. In Kane County courts, judges do consider the child’s wishes, but that is only one part of a much bigger picture.

As of June 2025, Illinois law does not give children the legal right to choose which parent to live with after divorce. However, a child’s opinion can carry weight, depending on their age, maturity, and the circumstances of the case. To learn more about what you can expect after your divorce, speak with a qualified Batavia, IL family law attorney.

Does Illinois Law Allow a Child to Choose Which Parent to Live With?

Illinois law does not allow children to decide who to live with. According to 750 ILCS 5/602.7 in the Illinois Marriage and Dissolution of Marriage Act, the court determines parenting time (visitation) and decision-making responsibilities (custody) based on what is in the child’s best interests. One of the factors the court may consider is "the wishes of the child," but this is never the sole deciding factor.

When children are older or show a lot of maturity, their preferences can have more influence. For example, a Kane County judge might give more weight to the wishes of a 15-year-old who explains their reasoning than to a six-year-old who simply prefers one parent’s house.

How Does the Court Learn What the Child Wants?

The court will not ask the child to testify in open court. Instead, there are a few ways the court can learn about the child’s wishes.

The judge may appoint a Guardian ad Litem (GAL), whose job is to investigate the situation and report back with recommendations. The GAL’s investigation typically involves interviewing the child, both parents, and others who can shed light on the family dynamics and the child’s needs. 

In some cases, a Child Representative is appointed. This is an attorney who is specifically tasked with representing the child’s best interests. Another option available for older, mature children is an in-chambers interview, when the judge speaks with the child privately in her chambers.

What Else Does the Court Consider Besides the Child’s Wishes?

Even if your child expresses a clear preference, the court is still obligated to consider several other factors, including:

• The child’s relationship with each parent

• The mental and physical health of everyone involved

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

• Any history of abuse or domestic violence

• Each parent’s willingness to foster a strong relationship with the other parent

In short, the court looks at the full context to ensure that any parenting plan supports the child’s overall well-being. In some cases, parents have agreed to parenting plans that reflect the child’s preference, while in others, the court has overruled that preference based on safety concerns or other factors.

Contact a Kane County, IL Child Custody Lawyer

To understand more about how your child’s wishes might impact your parenting plan, contact a Batavia, IL child custody attorney at Van A. Larson Law, P.C. Our firm serves families throughout Kane County and offers free consultations to help you understand your rights and options. Call 630-879-9090 today to schedule your appointment.