In many family law cases, clients ask how to get their child’s voice heard in court. There is no denying that children of all ages have their own opinions. Sometimes children form their opinions based upon what they learn or hear from adults. Sometimes they generate their own opinions of certain situations. This often depends on their age and level of maturity.
The Court knows that in family law cases, children will often have an opinion as to who they want to live with, how often they want to see a parent, and what they like or dislike. There are several methods the Court may use to hear these opinions. How much weight the Court gives depends on the child’s maturity and the overall circumstances.
Methods to Get Your Child’s Voice Heard in Court
Method 1: In-Camera Interview
For older children who can clearly express their feelings, the Court may use an In Camera Interview. This is an interview conducted in the Judge’s chambers. A court reporter is present, and often the child’s attorney, Child Representative, or Guardian ad Litem may attend if one has been appointed.
- The transcript of the interview is not generally available to the parents.
- It allows the Judge to hear directly from the child without forcing them to testify in front of their parents.
- This reduces the risk of a child feeling pressured to “take sides.”
Example: If parents give conflicting accounts of an event and the GAL reports yet another version, the Judge may use an In Camera Interview to hear the child’s perspective directly.
Method 2: Guardian ad Litem or Child Representative
Another way the Court may elicit a child’s perspective is by appointing a Guardian ad Litem (GAL) or Child Representative (CR) under 750 ILCS 5/506.
- Guardian ad Litem (GAL): Investigates, interviews the child and parents, and submits a written report with recommendations. A GAL may testify in court and can be cross-examined. They are considered the “eyes and ears” of the Court.
- Child Representative (CR): Acts as an attorney for the child’s best interests. Unlike a GAL, a CR does not file a report or testify. Instead, they advocate through legal motions and pre-trial memoranda. A CR may consider the child’s wishes but is not bound by them.
Method 3: Custody Evaluation (604.10)
In some cases, the Court may order a custody evaluation under 750 ILCS 5/604.10. This is conducted by a mental health professional who interviews the child, parents, and other relevant individuals. The evaluator submits a detailed written report with recommendations to the Court.
Evaluations are especially common in high-conflict or complex cases involving allegations of abuse, mental health concerns, or relocation.
How Much Weight Does a Child’s Opinion Carry?
- Illinois law does not set a fixed “age of choice.” A child cannot simply decide which parent to live with.
- The Judge considers the child’s maturity, reasoning, and whether the opinion appears independent or influenced by a parent.
- The child’s wishes are one of many statutory “best interest” factors under 750 ILCS 5/602.7.
Final Thoughts: Balancing a Child’s Voice with Best Interests
Hearing a child’s voice in custody cases is one of the most delicate tasks in Illinois family law. Judges must balance a child’s wishes with their age, maturity, and overall best interests, using tools like In Camera Interviews, Guardian ad Litem or Child Representative appointments, and custody evaluations. While a child’s opinion matters, it is only one factor among many that the Court must consider.
If you are facing a custody dispute and want to ensure your child’s perspective is appropriately presented, it is important to have experienced legal guidance. The right attorney can help you request the proper method, protect your child from unnecessary stress, and advocate for an outcome that truly serves their best interests.
Anderson Boback & Marshall are here to guide you through these sensitive issues. Contact our team today for a confidential consultation.
FAQs: How Illinois Courts Hear From Children
At what age can a child decide which parent to live with in Illinois?
There is no set age. The Judge will consider a child’s preference along with many other best-interest factors. Older, mature teens’ preferences may carry more weight than those of younger children.
Will the Judge always talk directly to my child?
Not always. The Judge may decide that a GAL, CR, or evaluator is a better way to understand the child’s perspective without exposing them to courtroom pressure.
Is what my child says confidential?
- With a CR, yes — communications are privileged.
- With a GAL, no — the GAL may report what the child said.
- In an In Camera Interview, the transcript is sealed from the parents but preserved for the court record.
Can I request one of these methods?
Yes. A parent may file a motion requesting an In Camera interview, GAL, CR, or evaluation. The Court has discretion to grant or deny the request based on the child’s best interests.
