Apr 1, 2020
A court has child custody jurisdiction in Michigan under the UCCJEA (MCL 722.1201) provided the child has lived in Michigan for 6 months before filing.
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A court has child custody jurisdiction in Michigan under the UCCJEA (MCL 722.1201) provided the child has lived in Michigan for 6 months before filing.
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The UCCJEA provides a road map to resolve conflicts arising from another state or country asserting jurisdiction over a child custody proceeding.
Can you file your Child Custody Case in Illinois?
It is not uncommon that after the divorce one of the spouses moves to a different state (usually for work or family). If there is a child custody issue, then the first question that needs to be addressed is where should the child custody action be filed?
Fortunately, all 50 states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This Uniform code establishes consistent jurisdiction (legal jargon for where the lawsuit must be filed) rules in all 50 states.
If the lawsuit is the “initial” action to address a child custody issue, then the relevant question is which state is the child’s “home state.” The state that is the child’s “home state” will most likely have exclusive jurisdiction.
When is Illinois The Home State?
The child has lived in Illinois for at least the last six consecutive months (or since birth if the child is not yet six months old) before the lawsuit is filed
The child lives out of state but lived in Illinois within the past six months and did so for at least 6 consecutive months and one of the child’s parents lives in Illinois.
No other state is the child’s home state (or the home state has declined jurisdiction for specific reasons) and
the child and at least one parent have significant connections with Illinois; and
substantial evidence exists in Illinois concerning the child’s care, protection, training, and personal relationships.
To determine whether Illinois is the right place to file your child custody dispute call us today to discuss. During our initial evaluation of your situation, Maduff’s Divorce Lawyer - Walker Lawrence - will walk you through all aspects of a divorce and what options may be best for your situation. Please review our website and provide your contact information. We will give you a call back in 24 hours and schedule a free initial consultation. We are also available at 312-276-9000
The UCCJEA in Michigan. How to transfer and enforce a custody determination from another State in Michigan.
How to transfer an out of State Custody Determination in Michigan.
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