Will Illinois remain the home state according to UCCJEA?

Asked 8 months ago - Chicago, IL

Illinois was deemed the home state but two daughters and I live in California along with my now ex-husband. I would like Illinois to remain the home state-is this possible although we all live outside of Illinois?

Attorney answers (5)

  1. Judy A. Goldstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . If you have lived in California for more than 6 months, California is your children's home state, oer the UCCJA.

    Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer... more
  2. Barry Cahn Boykin

    Contributor Level 16

    4

    Lawyers agree

    Answered . There is a concept in the law called "convenient forum" which will often determine where a case should be heard. There is a strong likelihood that after six months, if the children live in another State, and no one has a significant contact with Illinois, the State where the children reside is most likely to be considered the "home State". Depending upon the facts of a case, and if no one objects, then there is a slim possibility that a dispute could be heard in Illinois. At some point, the judge in Illinois will ask, "Why is this case still here if no one lives here anymore?" That will be the crucial question, I think.

    The information provided here should not be construed to be formal legal advice. The provision of this general... more
  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . Once you and the kids live in California, after half a year California has jurisdiction

  4. Elizabeth Lee Ehlen

    Contributor Level 9

    Answered . Illinois should decline to retain jurisdiction at this point, since you, your husband, and the children no longer reside in the state and have not done so for 6 months. I would question why you want Illinois to retain jurisdiction? If you or your ex-husband are considering filing any motions, or requesting modification of any orders, then you will likely have to retain attorneys and personally appear in court, therefore it is probably easiest for California to take jurisdiction now anyway.

  5. Kathy E. Bojczuk

    Contributor Level 7

    Answered . If you and your children have lived in California for more than 6 months, California is the only state that has jurisdiction over your children over issues of child support and custody.

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