When parties file for divorce, they must show that the court has jurisdiction
to hear the divorce case. This consideration, however, deals only with
the question of whether the court has jurisdiction over the parties. In
divorces with children, courts will also have to issue an order that deals
with custody of the children. Before it can issue a custody order, the
court must figure out whether it has jurisdiction over the children. In
some cases this is straightforward, like in cases where everyone, including
the children, lives in the same state. In today's world, however,
there are many cases where the parties live in different states from one
of the parent. In those cases, it is crucial to have
professional legal help
to determine which state can issue a valid child custody order. Parties
seeking a custody order in Illinois must show that the child lives in
the state at the date of the commencement of the action, or the child
called Illinois home within six months before commencing the divorce action
and at least one parent still lives in Illinois.
750 ILCS 36/201.
This determination is not always easy, especially if a parent has moved
several times since the divorce, which is not uncommon. In some cases,
Illinois will have jurisdiction over the divorce, but not the children,
which would result in a finalized divorce that has not resolved which
parent gets custody, which is a crucial consideration for divorces. The
Illinois child custody statute contains some other specific requirements
and limitations. Parties that have children and that are thinking of filing
for divorce must ensure that they file in the appropriate court; otherwise
a process that is already difficult would be even harder on the children.
The attorneys as
Roscich & Martel Law Firm, LLC
have extensive experience in dealing with Illnois family law matters,
including child custody. We are ready to answer any questions that you may have.
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