Do Illinois Children Have a Say in Their Custody Cases?

 Posted on January 28, 2026 in Family Law

Children do not generally decide custody cases in Illinois, but their voices can matter in certain situations. For parents navigating disputes over parental responsibilities, understanding how a child’s input may be considered can reduce confusion and unrealistic expectations.

As of 2026, Illinois courts continue to use a child-focused approach when making custody decisions. If you have questions about your case, the Geneva, IL child custody lawyers at Serrano Hanson & Hurtado, LLC can explain how Illinois law balances a child’s opinions with many other factors.

Do Children Get To Choose Which Parent They Live With in Illinois?

Children do not get to choose which parent they live with in Illinois. Judges do not ask children to pick a parent. This rule exists to protect children from emotional pressure and guilt.

That said, a child’s preference may still be considered as part of the larger custody analysis. The court looks at the child’s age, maturity, and ability to explain their views in a thoughtful way.

How Does Illinois Law Consider a Child’s Wishes in Custody Cases?

Illinois custody decisions are based on the child’s best interests. Custody is legally called the allocation of parental responsibilities. Under 750 ILCS 5/602.10, courts must consider several factors when deciding how parenting time and decision-making authority should be shared.

One of these factors can be the wishes of the child. The law does not give children control over the decision, but it allows judges to consider the child’s views alongside other important factors.

At What Age Does a Child’s Opinion Start To Matter More in Illinois Custody Cases?

Illinois law does not set a specific age when a child’s opinion becomes decisive. However, older children and teenagers are usually given more consideration than very young children.

Judges often look at:

• Whether the child can clearly explain their preference

• Whether the child appears pressured or influenced by a parent

• Whether the preference relates to safety, school, or emotional stability

Even when a child’s opinion is heard, it is only one part of the final decision.

How Does an Illinois Judge Hear From a Child in a Custody Case?

Judges usually avoid having children testify in open court. This helps reduce stress and protects children from conflict between parents.

Under 750 ILCS 5/604.10, a judge may speak with a child privately in chambers. This is a closed conversation meant to understand the child’s perspective in a safe setting. Parents are usually not present during this discussion.

In some cases, the court may appoint a guardian ad litem or child representative. This person investigates the situation and reports what they believe is in the child’s best interests.

What Factors Do Illinois Courts Consider Besides a Child’s Wishes?

A child’s wishes are never the only factor in a custody decision. Illinois courts look at the full picture of a child’s life to decide what arrangement best supports their safety and stability.

Judges commonly consider:

• Each parent’s ability to provide a stable and safe home

• How well each parent supports the child’s education and medical needs

• Whether a parent encourages a healthy relationship with the other parent

• The child’s daily routine, emotional needs, and overall well-being

If a child’s preference conflicts with safety, consistency, or long-term stability, the court may give that preference little weight when making a final custody decision.

Can a Child’s Preference Change an Existing Custody Order in Illinois?

As children grow older, their needs and circumstances may change. A parent can ask the court to modify a custody order if there has been a substantial change in circumstances.

A child changing their mind alone is usually not enough. The court must still find that any change serves the child’s best interests.

Schedule a Free Consultation With Our Kane County, IL Parental Responsibilities Attorneys

Custody cases shape a child’s daily life and long-term stability. Our attorneys can help parents understand how a child’s voice fits into the legal process and how judges actually make decisions. At Serrano Hanson & Hurtado, LLC, we focus on clear guidance and thoughtful strategy while keeping your child’s well-being at the center of the case. Call 630-844-8781 to speak with Geneva, IL child custody lawyers about your custody concerns today. Se Habla Español.