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Jurisdiction in Illinois
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Jurisdiction is a fancy legal term for where the case will be heard. In other words, it is the county where all legal action will take place. In most cases it is relatively straight forward. For example, if you live in Wheaton and the other party involved lives in Naperville, since you are both in DuPage County, all legal action between the two of you will take place in DuPage County. Where it gets potentially tricky in custody cases is when one parent lives in one county and the other in another county or when a parent is out of state. It can also be complicated when neither party lives in the county where the original case was file
The Uniform Child Custody Act determines jurisdiction for an original custody or modification case. In regards to jurisdiction, the Act states the following:
The circuit courts have jurisdiction to make a child custody determination by initial or modification judgment if:
- Illinois
i. is the home state of the child at the time of commencement of the proceeding, or
ii. had been the child's home state within 6 months before commencement of the proceeding and the child is absent from this State because of this removal or retention by a person claiming his custody or for other reasons, and a parent or person acting as parent continues to live in this State; or - it is in the best interest of the child that a court of this State assume jurisdiction because
i. the child and his parents, or the child and at lease one contestant, have a significant connection with this State, and
ii. there is available in this State substantial evidence concerning the child's present or future care, protection, training, and personal relationships; or - the child is physically present in this State and
i. the child has been abandoned or
ii. it is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse or is otherwise neglected or dependent; or - It appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs 1., 2., or 3., or another state has declined to exercise jurisdiction on the ground that this State is the more appropriate forum to determine the custody of the child, and
ii. it is in the best interest of the child that this court assume jurisdiction.
(b) A court, once having obtained jurisdiction over a child, shall retain such jurisdiction unless it concedes jurisdiction to a foreign state or none of the parties to the action, including the child, remain in Illinois.
(c) Except under paragraphs 3. and 4. of subsection (a), physical presence in this State of the child, or of the child and one of the contestants, is not alone sufficient to confer jurisdiction on a court of this State to make a child custody determination.
(d) Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his custody.
If you have any questions about jurisdiction in Illinois child custody and family law or would like a referral to a family law attorney please do not hesitate to contact us. All inquiries are free and confidential.
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