Frank Sprude - Attorney & Counselor

Children's preferences are one factor considered by courts in assigning custody.  There are a number of other factors set forth in Illinois law, including:

The wishes of the parents;

The interaction  interaction and interrelationship of the child with his parents, siblings, and others;

The child’s adjustment to his or her home, school and community;

The mental and physical health of parents and children;

Whether one of the parents has been guilty of, or threatened, any physical violence toward the child or the other parent and whether there is any ongoing abuse against any person by one of the parents; and

The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

Generally, the older the child, the more weight a court will give to that child's preferences.