Schaffer Family Law, Ltd. A World-Class Family Law Firm in Naperville

Call us today to schedule an initial consultation
630-848-9955

How do states' child custody laws handle parental relocations?

Parents in Illinois may be concerned that, in a custody dispute, the other parent may relocate with the child to another state and then get a favorable child custody order from that state. This was recognized as a problem years ago, so 48 of the 50 states have enacted the Uniform Child Custody Jurisdiction and Enforcement Act to discourage these kinds of bad-faith parental relocations. This blog post will describe the UCCJA in a little more detail.

The UCCJA has rules that govern whether a state's courts have jurisdiction to issue a child custody order. For example, a state court system will have jurisdiction if the state is the child's home state. For a state to be the child's home state, the child must have resided with a parent in the state for at least six months prior to the case being brought. Alternatively, the child can also have been residing in the state before a parent removed the child from the state.

Under the UCCJA, a state may also have jurisdiction over a child custody case if the child has significant connections with people in the state. This can include connections with teachers, doctors or grandparents. In order for there to be significant connections, there should also be substantial evidence inside the state concerning the child's care, training, protection and personal relationships, such as friends.

A state may also have jurisdiction if the child is in the state after being removed from another state for fear of abuse, abandonment or neglect if the child was in the other state. A state may also have jurisdiction if there is no other state that has jurisdiction or chooses to assert jurisdiction over the matter.

No Comments

Leave a comment
Comment Information
AV Peer Review Rated AVVO Leading Lawyers Find a Better Lawyer Faster American Academy Of Matrimonial Lawyers International Academy of Family Lawyers Super Lawyer David N.Schaffer American Bar Foundation Fellows

When you are ready to discuss your family law matter with an experienced lawyer, we are here for you. Call us today at 630-848-9955 or contact us online to arrange your initial consultation.

Review Us

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

Schaffer Family Law, Ltd.
200 East 5th Avenue
Suite 108
Naperville, IL 60563

Phone: 630-848-9955
Phone: 630-848-9955
Naperville Law Office Map