Which State Can Issue a Custody Order?

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.