Can I Force My Ex to Take Residential Custody of Our Teen?

 Posted on August 06, 2026 in Child Custody

Teenagers often make poor life decisions in the years before their brains are fully developed. Teens commit nearly 10 percent of violent crimes like homicide, and almost 20 percent of robberies across the nation. In 2024, the rate of teen pregnancies was 12.7 births per 1,000 between the ages of 15 and 19. Although both juvenile violent crime cases and teen birth rates have gone down, teen pregnancy and juvenile delinquency are still facts of life.

Even when teens are not committing violent crimes or facing teen pregnancy, they may be driving under the influence, experimenting with drugs, or committing less serious crimes. Parents who are married must handle these issues together, regardless of the cost—emotionally and financially. The situation may be different for divorced parents, especially when one parent has most of the parenting time.

What if your teen becomes abusive toward you or their siblings? Perhaps your teen has begun staying out all night or is in illegal activities. If your teenager lives with you most or all of the time and you are simply unable to handle these issues, can your ex be required to take on custody? 

You may share significant decision-making responsibilities and have a parenting plan that clearly spells out each parent’s responsibilities. However, if your ex is simply bowing out of the problem and even skipping parenting time, what are your options? To have these questions answered and find out what you can do, speak to a Yorkville, IL child custody attorney from The Law Office of Matthew M. Williams, P.C..

Can the Allocation of Parental Responsibilities Be Changed?

What if you feel your teen is out of control but you believe they might behave better if they lived with your ex? There may be no issue if your ex agrees with you and is willing to take on that role. If your ex refuses, however, you may need to go to court and ask the judge to modify your parenting plan.

The judge is only interested in the best interests of the child. If you present a compelling argument showing that it would be in your teen’s best interests to live primarily with the other parent, the judge may change the parenting schedule accordingly.

The court may also consider the teen’s wishes, while taking into account the teen’s maturity and reasons for wanting what they want. However, a teenager does not have the sole authority to decide which parent they will live with.

What Does Illinois Law Say About Changing Parental Responsibilities?

Illinois law treats significant decision-making responsibilities differently from parenting time. Under 750 ILCS 5/610.5, a parent can’t usually file a motion to modify significant decision-making responsibilities within two years after the existing order is given. The exception is if a parent can give the court reason to believe that the current arrangement may seriously endanger the child’s physical, mental, moral, or emotional health.

Parenting time, on the other hand, may be modified at any time when changed circumstances make a modification necessary for the child’s best interests. This means a parent may not have to prove serious endangerment to ask for a different parenting schedule.

A judge could increase the other parent’s parenting time or change which parent provides most of the teen’s day-to-day care. The court may also modify responsibility for decisions involving education, health care, religious upbringing, or extracurricular activities when the legal requirements are met.

That being said, the court cannot truly make a parent behave like a committed mother or father. If your ex simply refuses to help you address the issue, the court could potentially make him or her help more financially, which could allow you to seek professional help for your teen’s issues.

If the judge believes that counseling or drug and alcohol rehabilitation would help your teen, your ex could be forced to help pay for those treatments. While this is not the same as having an involved parent who will work with you to resolve your teen’s issues, it could help the situation.

Can I Give Up Custody of My Teenage Child?

A parent cannot simply give up custody of a teenager because caring for the child has become difficult. Until the parenting plan is legally changed, both parents must continue following the existing court order.

A parent who can no longer safely provide most of the teen’s care may ask the other parent to agree to a new parenting schedule. If both parents agree, they can submit a modified parenting plan to the court for approval.

When the other parent does not agree, the parent asking for the change may file a motion to give the other parent more parenting time anyway. The court will then decide whether the change is allowed under Illinois law and serves the teen’s best interests.

Child support may need to be recalculated based on the new arrangement. But a parent cannot avoid financially supporting a child by giving up parenting time.

Which Parent Has to Attend Juvenile Court Dates After a Divorce?

Divorce does not automatically make only one parent responsible for a teenager’s juvenile court dates. A summons in a delinquency case may be sent to the child’s parent, guardian, or legal custodian. A person who receives a summons must follow its instructions and appear in court.

Illinois law also recognizes that parents and legal custodians play an important role in helping a juvenile accept responsibility and participate in treatment or rehabilitation.

The parenting plan should say which parent is mostly responsible for a child’s daily care. However, having less parenting time doesn’t mean a parent has no responsibility to participate in a child’s juvenile case.

Contact a Kendall County, IL Allocation of Parental Responsibilities Lawyer

Issues involving parental responsibilities, parenting time, and troubled teens can become messy and difficult. An Oswego, IL child custody attorney from The Law Office of Matthew M. Williams, P.C. can stand by your side to help you make informed decisions, care for your child, and hold your child’s other parent as responsible as possible.

Attorney Matthew M. Williams has experience with troubled youth, which provides an important advantage in a situation like this. Contact The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to schedule a free consultation.