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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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My husbands daughter is going to be 17 next month. Her parents

Resolved Question:

My husband's daughter is going to be 17 next month. Her parents were divorced in Illinois in 1996. Her mother is the custodial parent. At what age is Mazi (the daughter) allowed to make her own decision as to where to live?
Submitted: 4 years ago.
Category: Family Law
Customer: replied 4 years ago.
Relist: Other.
no answer
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question.

The daughter is permitted to make her own decision when she becomes "of age" or reaches the age of majority (turns 18). Until then she has to abide by the court order that was imposed. If there is a modification of the court order, or there is a petition requesting a change, her wishes will be heard and taken under consideration by the judge, but the judge is still free to utilize his or her own discretion and make a decision that is believed to be "in the best interest" of the child even if possibly contrary to the child's wishes. Having said that, all other factors being equal and both parents equally fit to care for the child, the courts typically defer to the child's wishes when there are no other potential issues that would make the decision go one way or another.

Good luck.
Customer: replied 4 years ago.
who would have to file the petition for change?
Expert:  Dimitry K., Esq. replied 4 years ago.
The petition would have to be filed by either parent, the child cannot file for a modification on her own behalf. If the father is the one who wishes to pursue custody, then he would be the one who would have to file a petition for modification.

Good luck.
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