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Can I get my child custody case transferred from Cook to Lake County?

Waukegan, IL |

Two years ago, I filed for custody of my son, in Cook County (where we resided at the time). Last year, I was awarded temporary custody; final custody determination has not yet been made. My son and I moved to Lake County, and have now lived here for over a year; the child's father currently resides in another state. Will the Cook County Circuit Court agree to transfer jurisdiction to Lake County, if I file a motion requesting this?

(from my direct comment to Ms. Goldstein's answer) I am certain the Respondent will object to the change (even though he has not resided in the State of IL for several years...), simply because his attorney's practice is literally walking distance from the Daily Center -- is inconvenience to his attorney considered a valid objection?

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Attorney answers 3

Posted

If your motion is prepared and brought properly, you most likely will be able to have your case transferred to Lake County.

Asker

Posted

Thank you for taking time to reply. In my view, it only makes sense that, if no parties reside in Cook County, and the Petitioner + the minor children reside in Lake County, the Court would allow a venue change to Lake County - but I also know Cook County has its peculiarities... Also, I am certain the Respondent will object to the change (even though he has not resided in the State of IL for several years...), simply because his attorney's practice is literally walking distance from the Daily Center -- will the Judge give this any weight in her decision?

Judy A. Goldstein

Judy A. Goldstein

Posted

Hopefully not.

Posted

you need not go to court in cook county to transfer the case. file a petition to enroll the case in lake county in the lake county court. we do it frequently.

i am in libertyville. call for an appointment. bring in all your court papers. thank you.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

the location of the lawyer has nothing to do with where the case is to be heard. read the statute. 750 ilcs 5/512.

Judy A. Goldstein

Judy A. Goldstein

Posted

gary (no caps) is correct. The proper way to handle this is to file to enroll the case in Lake County. Go see gary. He is an excellent attorney.

Wes Cowell

Wes Cowell

Posted

I respectfully disagree: She filed for custody two years ago. She was awarded TEMPORARY custody. The underlying modification petition remains pending. I don't think she can transfer a case away from a judge into a new circuit in the middle of a pending matter. That would be a great way to shop forums. If you have a pending matter and don't like a particular judge's ruling, just move to another county to get a new judge. Don't like that judge's rulings? No problem, just sign a new lease in a new county and you can have as many bites at that apple as you want. I think she's stuck with the Cook County judge until the pending petition is resolved one way or the other. Depending on other facts, I'd consider dismissing the pending petition and THEN refiling in Lake.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

i think wes is correct. if she only has temp custody and the final order is not yet entered, the case stays where it is until concluded.

Judy A. Goldstein

Judy A. Goldstein

Posted

Good point!

Asker

Posted

Mr. Schlesinger, If I contact your firm, when is the best time to speak with you directly? If you prefer to answer this privately, please ask Avvo for my email address.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

just call the office and request an appointment. bring in all your court papers.

Posted

The case cannot be transferred in the middle of custody proceedings. Afterwards you should be able to enroll in Lake County.

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