Rockford, IL asked in Child Custody and Family Law for Illinois

Q: Can my child move in with me even though his mom has primary physical custody?

We have 50/50 custody, but were never married and she has primary physical custody. We all live in the same town. He's 14 and wants to live with me. Is he free to do so, or do I need to go to court first?

Related Topics:
2 Lawyer Answers
James G. Ahlberg
James G. Ahlberg
Answered
  • Divorce Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: You have to go to court first. Your child does not have a free choice of where he lives until he becomes an adult at 18.

Brian W. Reidy
Brian W. Reidy
PREMIUM
Answered
  • Divorce Lawyer
  • Orland Park, IL
  • Licensed in Illinois

A: Your child can move in with you if both you and your ex agree. Your child cannot “decide” where to live. You and the other parent can agree, but it is best to put any modification agreement in writing. Even better would be to submit the modification to the judge to sign. There are some other things you might consider, but it is difficult to answer based upon the information provided. You may want to speak to a local attorney who can help you with your specifics.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.