Child Custody Jurisdiction: Who has Jurisdiction Over My Allocation of Parental Responsibilities Case?

When it comes to child custody jurisdiction, Illinois child custody laws have adopted the Uniform Child Custody Jurisdiction and Enforcement Act, otherwise known as the UCCJEA. This law has been adopted by many United States jurisdictions to ensure that all jurisdictions use the same criteria when determining what state has jurisdiction for child-related issues. This makes sense because having multiple courts in multiple jurisdictions entering conflicting orders relative to children would be messy and not in anyone’s best interests.

What is the “Home State” for Child Custody Cases?

What Happens if the Parties Move Out of Illinois After the Custody Case is Over? Where Do They Go to Court Now?

  • do not have a significant connection to Illinois, AND
  • that there is no longer substantial evidence in Illinois relative to the minor child’s care, protection, training, etc.; OR
  • if another state determines that the child, child’s parents (or party acting as the child’s parent) no longer reside in Illinois.

Until the case is transferred from one jurisdiction to another, the allocation of parental responsibilities order (formerly called a Custody Judgment) cannot be modified by the new jurisdiction. Although it cannot be modified, it can be enrolled for enforcement purposes prior to the state which has continuing and exclusive jurisdiction being relieved of jurisdiction.

What about Victims of Domestic Violence Who Flee the State with Their Children?

Temporary Emergency Jurisdiction

THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-custody/child-custody-jurisdiction-what-court-decides/

When Everything Is On The Line, You Need An Attorney You Can Trust, That Will Advocate & Fight For Your Family! We Can Help!

When Everything Is On The Line, You Need An Attorney You Can Trust, That Will Advocate & Fight For Your Family! We Can Help!