Naperville, IL family law attorney Jessica Defino discusses when and why a child can have input in an Illinois child custody decision. She explains that yes, when it comes to determining parenting time or custody arrangements, the input of the child can be considered. However, the court must take into account the child’s age and level of maturity. For example, if a 16-year-old child expresses a strong desire to live with their father and provides valid reasons for the negative circumstances at their mother’s house, such as potential harm to the child, the court may give more weight to their opinion. In this case, the child is closer to emancipation and may have the mental capacity to make such decisions for themselves.

On the other hand, the input of a younger child, like a five-year-old, would require more careful analysis. Their statements about wanting to live with one parent over the other may need to be assessed for signs of coaching or immaturity. It is essential to consider the child’s level of understanding and the possibility of influence from either parent.

In Illinois, there is existing case law indicating that children around the age of 15 typically have more influence or say in the parenting time schedule. However, each case is unique, and the court will assess the specific circumstances and the child’s best interests when making such determinations.