CHICAGO, IL - October 08, 2026 - Navigating parenting time disputes can be challenging when a child expresses a strong desire to live with a specific parent. Chicago divorce attorney Russell D. Knight of the Law Office of Russell D. Knight (https://rdklegal.com/a-childs-preference-and-parenting-time-in-an-illinois-divorce/) discusses how Illinois courts weigh a child's preference when determining parenting time and the broader best-interest analysis.
According to Chicago divorce attorney Russell D. Knight, there is no set age at which a child's opinion dictates custody arrangements. While courts consider the wishes of the child under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602), it is only one of many factors. "There is no specific age or date when a child’s opinion becomes determinative of that child’s parenting time," explains Knight. "In the end, it is a decision for the parents to agree upon or for an Illinois divorce court to decide based on the evidence presented."
Chicago divorce attorney Russell D. Knight emphasizes that courts avoid forcing children to choose between parents, as this can create immense pressure and feelings of disloyalty. To protect the child's well-being, judges rarely put children on the witness stand or ask them their preference directly in open court. Instead, if a direct conversation is necessary, it typically occurs privately in the judge's chambers.
Attorney Knight adds that courts frequently appoint Guardians Ad Litem (GALs) to gather an accurate assessment of a child's custody preferences. The GAL acts as the eyes and ears of the court, conducting an investigation and making recommendations based on the child's best interests. "Courts prefer to use Guardians Ad Litem to get an accurate view of the child’s opinion of the future of their own custody," he notes.
The maturity of the child plays a significant role in how much weight a judge gives to their stated preference. The firm observes that a mature child's logically sound reasoning, such as wanting to remain in the same school or near established friends, will be taken more seriously than immature demands or preferences resulting from parental manipulation. Even when a mature child expresses a clear choice, the court is not bound by it if the decision does not align with the child's ultimate best interests.
Practical enforcement of parenting time becomes increasingly difficult as children grow older and larger. Knight points out that once a child reaches their teenage years, physically compelling them to comply with a parenting schedule can become nearly impossible. In these scenarios, the only legal remedy for a parent facing a defiant child is to seek enforcement through the compliant parent.
Under 750 ILCS 5/607.5(c), courts can implement various remedies for non-compliance with a parenting plan, including makeup parenting time, family counseling, or civil fines. "Because a child’s preference becomes more and more important as the years pass, parents are advised to enforce their parenting time as soon as possible," advises Attorney Knight. Once a child turns 18, the court loses jurisdiction over custody matters entirely.
For those facing parenting time disputes or dealing with a child refusing to comply with a custody order, contacting a family law attorney may provide critical guidance on enforcement options and strategies for navigating court-ordered parenting plans.
About Law Office of Russell D. Knight:
Law Office of Russell D. Knight is a Chicago-based law firm focused on divorce and family law. Led by attorney Russell D. Knight, the firm represents clients throughout the Chicago area in matters involving divorce, parenting time, parental responsibilities, and post-divorce disputes. For consultations, contact the firm directly.
Embeds:
Youtube Video: https://www.youtube.com/watch?v=wqpFK4puWSw
GMB: https://www.google.com/maps?cid=13056420905624162796
Email and website
Email: russell@rdklegal.com
Website: https://rdklegal.com/
Media Contact
Company Name: Law Office of Russell D. Knight
Contact Person: Russell D. Knight
Email: Send Email
Phone: (773) 334-6311
Address:1165 N Clark St #700
City: Chicago
State: Illinois 60610
Country: United States
Website: https://rdklegal.com/
