How Are Custody Battles for Children Over 14 Handled in Illinois?

 Posted on December 30, 2024 in Family Law

For Illinois parents navigating separation or divorce, one of the hardest issues to overcome is child custody. When younger children are involved, courts primarily focus on what is in their best interests, which can include considerations like the child’s relationship with each parent and the parents' respective ability to provide a stable home. When the child is older, especially after age 14, Illinois law allows for changed considerations regarding custody and parenting time. To learn more, speak with an experienced Chicago, IL family law attorney.

The Role of the Child’s Preference

In Illinois, 14-year-olds enjoy the added benefit of having their opinions start to carry more weight in custody decisions. While this does not mean that a child automatically gets to choose which parent to live with, the court must take the child’s wishes into account if he or she is mature enough to express them. This is quite different from the way such matters are handled for younger children, with the court mostly looking at what the parents can offer in terms of care, stability, and support.

At age 14, children tend to have their own opinions about where they want to live and how much time they want to spend with each parent. Illinois courts consider the child’s preferences along with other important factors to ensure that any decision that is made is in the child’s best interests.

The Parents’ Role in Custody Decisions

Even when older children are involved, both parents still play a major role in custody decisions. The court considers all the classic factors, including:

• The parents’ ability to care for the child (including by providing financial and emotional support)

• The child’s relationship with each parent

• The parents’ ability to communicate with each other and make decisions together

• Any history of domestic violence or abuse

However, older children might experience changes in their wants and needs. A 14-year-old likely wants more say in his daily life and might have strong opinions about where he wants to live, who he wants to spend time with, and his extracurricular activities.

Parenting Time vs. Custody

In Illinois, custody refers to the parental responsibility to make major decisions on behalf of a child. These can impact the child’s health care, education, and religion. Parenting time refers to how much time a child spends with each parent. After age 14, Illinois courts are more likely to allow a child to have more influence over a parenting schedule.

While 14-year-olds might express their preferences, courts still need to make sure that a child’s decision is made in a safe and healthy environment. If a child lacks the legal ability to fully understand the consequences of her decisions, the court might need to balance the child’s wishes with what is in her best interest.

The Impact of School and Activities

Schooling and extracurricular activities can have a significant impact on custody decisions for older children. A child may want to stay in the same school or live closer to a parent who is better able to support their activities. Courts will take this into account to avoid disrupting the child’s education and social life. In some cases, a parent who is more involved in the child’s activities or school may be granted more parenting time.

Schedule a Free Consultation with a Cook County, IL Family Law Attorney

When engaged in a custody battle for an older child, it is important to work with an experienced Chicago, IL custody lawyer. While children over age 14 certainly have a voice, any final decision on where they live will be based on several factors. At The Law Office of George J. Skuros, we can help present your case in a way that aligns with your child’s best interests while also protecting your rights. Call us at 312-884-1222 to schedule a free consultation.