Can My Child Choose Who They Get to Stay With During a Custody Battle?

Can My Child Choose Who They Get to Stay With During a Custody Battle?

Going through a divorce can be a difficult process, especially if spouses are concerned about their child’s well-being after separation. Oftentimes, spouses have questions about who receives custody of any children and how living arrangements will be conducted. In some cases, parents may want their children to choose who they live with during divorce proceedings. At Andrea Heckman Law, we’re here to help Illinois parents understand if their children can choose who they stay with and how our services can assist during this time. 

How Are My Child’s Living Arrangements Determined?

During Illinois divorces, the court will make the final say over who has custody of a child. This determination is based on several factors, but will always align with whatever is found to be in the child’s best interests. In some cases, the court may consider the preferences of living arrangements of the child when making their decision, but their wishes may not always be granted. The court acknowledges that children under 18 need assistance in making legal decisions, and therefore they are not permitted to have the final say in who they live with during a custody battle. 

Factors that a court may consider in determining custody arrangements include but are not limited to:

• The Ability of an Individual to Provide for the Child’s Needs

In order for an individual to be granted custody of their child, they must be able to prove that they’re capable of meeting the child’s needs. This includes the ability to provide a loving home, food, and clothing for the child. An individual requesting custody can prove their ability to care for the child in several ways, such as showing a steady income and secure living environment. If the court can determine that a person meets these requirements, they may be granted permission to have their child live with them. 

•  Parent-Child Relationships

Though a child can not determine who they live with during a custody battle, the court may consider living arrangements based on the relationships between parents and their children. For example, if a child has a closer emotional bond with one parent versus the other, the court may consider this during a custody battle. A child can be closer with another parent for several reasons, especially if one parent is not involved in the child’s life. If the bond that a parent shares with their child is determined to be connected to the child’s best interests, the court may consider granting custody to this parent. 

How Can an Attorney Help Me?

At Andrea Heckman Law, we’re here to help individuals understand court determination in child custody arrangements. Our firm can answer any questions you have about legal proceedings, including what happens after the court determines custody arrangements. Though a custody battle may seem overwhelming, our guidance can help the process go smoother for you. 

Contact Our Firm Today

If you have questions about child custody arrangements during Illinois divorces, contact our firm today. We’re happy to assist with all of your legal needs.