Jump to content


Photo

State fighting custody move


  • Please log in to reply
3 replies to this topic

#1 div102

div102

    Member

  • Members
  • Pip
  • 24 posts

Posted 07 December 2012 - 06:36 AM

My friend (it really is my friend not me!) is trying to move her custody case from Illinois (where is used to live) to Pennsylvania (where she now lives) and IL is not letting go of the case. She has lived here in PA for almost 2 years now and the childs father does not live in IL either, he in Missouri. She does have an attorney in both states fighting this.

She is originally from PA, went to college in IL and ended up staying there when she got a teaching position after college. She was laid off and found a position here, got permission to move back and has held residence, like I said for about 2 years. The judge in IL even threatened to force her to move back to IL if she tried to fight moving it.

My question: how can IL hold jurisdiction over this case now when none of the parties have held residence in the state for more than a year? It was my understand that once the CHILD is no longer a resident of a state for a year, that state doesn't have jurisdiction for custody. Can anyone offer advice on the next step she can take to move her case? Thanks for anything in advance!

#2 Ted_from_Texas

Ted_from_Texas

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 17,036 posts

Posted 07 December 2012 - 07:25 AM

You understood wrong. In general, once an order for custody and child support ("parenting plan") is entered, that court retains jurisdiction indefinitely, or until the custodial parent relocates with the child and has the case transferred ("domesticated") to their new state of residence. The actual procedure for domestication varies somewhat by state and court, but presumably your friend's attorneys are familiar with the process and know what to do. As to why and how the Illinois court is blocking the process I can't say. There may be facts you don't know about, or you (or your friend) misunderstands the process. It's even remotely possible that the judge is acting outside his or her authority.

For what it's worth, as long as your friend is in compliance with the custody order as it now stands, I'm not aware of any legal machanism whereby the judge can order her child's return to Illinois.

#3 div102

div102

    Member

  • Members
  • Pip
  • 24 posts

Posted 07 December 2012 - 08:19 AM

You understood wrong. In general, once an order for custody and child support ("parenting plan") is entered, that court retains jurisdiction indefinitely, or until the custodial parent relocates with the child and has the case transferred ("domesticated") to their new state of residence. The actual procedure for domestication varies somewhat by state and court, but presumably your friend's attorneys are familiar with the process and know what to do. As to why and how the Illinois court is blocking the process I can't say. There may be facts you don't know about, or you (or your friend) misunderstands the process. It's even remotely possible that the judge is acting outside his or her authority.

For what it's worth, as long as your friend is in compliance with the custody order as it now stands, I'm not aware of any legal machanism whereby the judge can order her child's return to Illinois.


Ted, thanks for your reply, I do appreciate it. My understanding came from the Uniform Child Custody Jurisdiction Act, if you're familiar with that. She has been in compliance from the start, dad has not i.e. not paying child support, not giving her phone access to the child when she is visiting dad in Missouri, etc. But that is another topic. We are just trying to figure out the next step. Her attorney advised her to appeal, of course, but I'm wondering if there is another route to take.

#4 Guest_FindLaw_Amir_*

Guest_FindLaw_Amir_*
  • Guests

Posted 07 December 2012 - 02:36 PM

Why is the state of Illinois not letting the case go? Was a reason stated?




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users