Illinois Child Custody Orders When Parents Live In Different States

When people get divorced they move on. Some parents really move on…to other states. When a parent chooses to move to another state during or after the divorce, they’ll need to make a parenting time schedule and parental decision-making order (formerly known as custody) to accommodate that move and their children’s best interests.  Illinois Divorce Judgments and Out-Of-State Parents In Illinois A divorce will begin in the most appropriate venue (state and county of the divorce court). The most appropriate venue is always the venue where the children live and will continue to live. Wherever the children have been living over the past six months will determine which state will determine their custody pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) “[A] court of this State has jurisdiction to make an initial child-custody determination only if:(1) this State is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in this State” 750 ILCS 36/201 Additionally, the parent who lives with the children can say file a Motion For Forum Non Conveniens claiming that the children live in their venue so the divorce (and all the non-child related matters in a divorce) should proceed in that venue.   In a Motion For Forum Non Conveniens for an Illinois divorce, a court will consider “[T]he convenience of the parties; the relative ease of access to sources of testimonial, documentary, and real evidence; the availability of compulsory process to secure the attendance of unwilling witnesses; the cost of obtaining the attendance of willing witnesses; the possibility of viewing the premises, if appropriate; and all other practical considerations that make a trial easy, expeditious, and inexpensive.” Kuhn v. Nicol, 2020 IL App (5th) 190225 – Ill: Appellate Court, 5th Dist. 2020 An Illinois court, once it has jurisdiction, can begin making decisions about the children’s parenting time and the parent’s decision-making responsibilities. It must be noted that Illinois domestic relations courts strongly prefer that parents come to an agreement on parenting time and parental decision-making. Especially in cases where a parent moves out of state. The courts will even preserve Illinois jurisdiction in order to further such an […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/illinois-child-custody-orders-when-parents-live-in-different-states/