How Do I Determine Proper Venue If My Ex Moves?

Question:Illinois divorce attorney Christina Milien

My initial divorce, which included incorporation of joint custody, was filed in County A. My wife then later filed an alimony case in County B, where she was living shortly after the divorce was final. She failed to show up for court and the case was dismissed. She then moved again to County C and our child can no longer live one week on/off and custody needs to be changed since the child will be starting school next year.

Where does the case need to be filed?

Answer:

While I am not licensed to practice law in your state, I can give some general guidance on this issue.

The Uniform Child Custody Jurisdiction and Enforcement Act governs the “home state” for custody matters. Essentially, wherever the child has resided for the 90 days preceding the filing of a petition is the home state for jurisdictional purposes.

However, here it seems that everything has occurred in the same state, so your question is one more about proper venue. Assuming that there is not a great and inconvenient distance involved, you would get the least resistance from filing where the initial divorce was filed, County A because it most certainly has continuing and exclusive jurisdiction. An argument would need to be made to have the case heard elsewhere.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Illinois divorce lawyer Christina Milien, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

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