Hampshire, IL asked in Child Custody for Illinois

Q: What custody rights does a 17 year old have?

My daughter is 16 years old. She has the right to move back in with her mother when she turns 17, however her mother's home environment is unsafe for her. Can she make that decision on her own when she turns 17 or does she still have to follow the custody orders until she's 18?

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2 Lawyer Answers
J. Richard Kulerski
J. Richard Kulerski
Answered
  • Divorce Lawyer
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: Who says she has the right to move back in with her mother when she is 17? Did someone tell you this was the law? Is this written is some type of court order? It is not the law, as such, and I doubt it is in a court order. Go back to court and tell the judge about the unsafe conditions.The court puts the best interests of the child above all else.

James G. Ahlberg
James G. Ahlberg
Answered
  • Divorce Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: Until your daughter is legally an adult (18 years old) or emancipated (a separate court proceeding which is not commonly done) the court determines who has custody. Whether she is 16 or 17 doesn't matter, with one possible exception -- you say "she has the right to move back in with her mother when she turns 17." Is there a court order in your divorce that says your daughter can make this choice at 17? I suppose it's possible if that is the case, but it would be a rare circumstance for that to be in your judgment of dissolution or other order.

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