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IL family lawyerDuring a divorce or separation, child custody is often among some of the most contentious issues that a couple can face throughout the process. Any topic has the potential of becoming an issue in a divorce, but child-related issues are especially subject to disagreement. When parents do not live in the same state, things can become even more complicated. Many parents move away after a divorce or separation, sometimes to a different state, even when they have children. Before you are able to begin a custody case, you will first need to make sure that you file the case in the correct state. A knowledgeable Illinois family law attorney will help you determine which state has jurisdiction over your case.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

When it comes to things like parenting time and decision-making responsibilities, each state has its own laws regarding the way those issues are handled. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a law that was enacted by 49 states and various U.S. territories to determine how the jurisdiction would be decided in custody cases that involved parents living in a different state from their child. In general, the state that is considered to be the child’s “home state” is the one with jurisdiction over the custody case.

Can Your Child’s Case Be Heard in Illinois?

As a parent living in Illinois, you are likely wondering whether or not your case can be heard in Illinois, or if it must be heard by the state in which your ex lives. The UCCJEA states that there are four different elements that are used to determine which state the custody case should be filed in. These elements are, in order of importance:

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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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