Q: At what age can my daughter tell a judge she doesn’t want to see her bio-father?
My 15 year old daughter no longer wants to go with her bio-father on his parenting time. At what age can my daughter tell a judge this and get little or no time with bio-dad? Her bio-dad wasn’t in her life until she was 10yrs. After her getting to know him and custody battles for 4 yrs under our current agreement he disappeared again for 1yr. He’s had DUI’s,house arrest, sexual assault claims from another woman. My daughter does not feel comfortable around him, his alcohol and parenting. She would sleep in a relatives bed alone or on a couch if she sleeps at bio-dads moms house (where his house arrest is). My daughter considers her step dad as her dad since she was 5. Her bio-dad is causing her anxiety.
A: You should file a Petition to Modify the Parenting Time and include all of your allegations in it. There is no age certain in Illinois that a child can make a decision as to whether or not she wants to see her father, but you can petition the court for an in camera interview with the court. The court may grant your motion then the court can interview your child. The court could also appoint a child representative or a GAL that will talk to your daughter.
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