Can Your Child Choose Which Parent to Live With in Illinois?
- Nefertiti Mason
- Mar 12
- 3 min read
When parents are going through a divorce or parenting dispute, one of the most common questions they ask is:
“Can my child choose which parent they want to live with?”
In Illinois, the answer is no. A child cannot legally choose which parent they will live with.
While a child’s opinion—particularly a teenager’s—may sometimes be considered by the court, it is only one of many factors judges evaluate when determining parenting time.
Illinois courts focus on what arrangement is in the best interests of the child, not simply the child’s preference.
How Parenting Time Is Determined in Illinois
Illinois no longer uses the terms custody and visitation. Instead, courts determine:
Parenting time (when the child spends time with each parent)
Decision-making responsibilities for major issues like education, healthcare, religion, and extracurricular activities
When making these decisions, judges must consider the best interests of the child, as outlined in Illinois law.
The 17 Best-Interest Factors Courts Must Consider
Under 750 ILCS 5/602.7, Illinois courts consider a number of factors when determining parenting time. These include:
Wishes of each parent regarding the parenting schedule
Wishes of the child, taking into account the child’s maturity and ability to reason
The child’s adjustment to home, school, and community
The mental and physical health of all individuals involved
Caretaking history, including how much time each parent spent caring for the child in the previous 24 months
Parenting agreements or prior arrangements regarding caregiving
The child’s needs, including emotional, educational, and physical needs
Distance between the parents’ homes and how it affects the parenting schedule
The parents’ ability to cooperate and support a relationship with the other parent
Each parent’s willingness to place the child’s needs first
The child’s relationship with parents, siblings, and other household members
Whether a parent is a convicted sex offender or lives with one
Any history of abuse or threat of physical violence involving the child or household members
Military family-care plans, if applicable
Each parent’s willingness to facilitate a relationship with the other parent
Any other factor the court finds relevant to the child’s best interests
Active duty military deployment, if applicable
These factors allow the court to evaluate the full picture of a child’s life and wellbeing, rather than relying on a single opinion or preference.
Do Teenagers Get to Decide Where They Live?
Even for teenagers, the court does not allow children to make the final decision about where they live.
However, a teenager’s preference may be considered, particularly if the court believes the child has the maturity and reasoning ability to express a thoughtful opinion.
That preference is simply one factor among many. The court will still evaluate all other circumstances to determine what arrangement best supports the child’s wellbeing.
Why Courts Avoid Letting Children Choose
Illinois courts generally avoid placing children in the position of choosing between their parents.
Allowing children to decide could place undue pressure on them and create emotional stress. Courts aim to protect children from feeling responsible for family decisions during an already difficult time.
Instead, judges evaluate all relevant factors and determine a parenting arrangement that supports the child’s stability, safety, and development.
Guidance for Parents Navigating Parenting Disputes
Parenting time decisions can be complex, and each case involves unique family dynamics. Understanding how courts evaluate these situations can help parents approach the process with realistic expectations.
If you have questions about parenting time or parental responsibilities in Illinois, seeking experienced legal guidance can help you better understand your options.
Larimer Law assists families throughout Chicago and the surrounding areas with divorce, parenting disputes, and other family law matters.
📞 Call Larimer Law at (773) 902-0200
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