Thursday, August 16, 2012

My son is 11, is that old enough for him to decide which parent he wants to live with after a divorce?

While some states allow a child of a certain age to choose which parent to live with, in Illinois the court will determine what is in the best interest of the child. Precedent shows that children’s wishes will be taken into account during the decision making process. The greater the child’s age, intellect, and maturity, the more likely a court will adhere to the child’s wishes. Therefore, the preference of a 17 year old will be given great weight while the preference of a 7 year old would hold little weight in comparison.

In short, your son does have a say about which parent he will live with but this is not determinative, only a factor considered by the court. The court will weigh your son’s wishes with their assessment of each parent’s ability to care for the child, and grant custody in the best interest of your son.

Divorce Proceedings and custody battles can be very messy and often times emotions run strong. If you are involved in a custody dispute or if you are considering a divorce, you need a lawyer to protect you. Please call the Crosby Law Firm at 815-397-2006 to schedule a free consultation.

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