When parents in Illinois cannot agree on child custody, known as the allocation of parental responsibilities in Illinois, the judge must decide what is in the child’s best interests. In some cases, that includes hearing directly from the child. But children do not automatically have the right or obligation to testify.
Whether and how children can voice their opinions in court depends on several factors, including their age, maturity, and the sensitivity of the case. To find out whether your child might be able or required to offer testimony, speak with an experienced DuPage County, IL family law attorney about your case.
How Old Does a Child Have to Be to Testify in Illinois Family Court?
Illinois law does not set a minimum age for a child to testify in a custody case. Instead, the judge decides whether the child is mature enough to express a sensible, reasoned preference. In general, courts are more likely to consider the opinion of a child who is at least 12 or 13 years old, but even younger children may be allowed to speak if they seem emotionally and mentally able to do so.