How To Determine Which State Has Jurisdiction

jurisdictionQuestion:

My wife recently moved from Iowa to Kansas with our kids. I have also moved around quite a bit but have remained in Iowa.

I need to file for custody but am having difficulty determining where my jurisdiction falls.

Answer:

I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of that state and can only provide you with general tips on divorce and family law.

Under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) a state has proper jurisdiction to make an initial determination of child custody if it is the “home state” of the child (where the child has resided for six months or more) or if it was the child’s home state within six months immediately before the child custody proceedings as long as a parent continues to live in that state.

Illinois divorce attorney Christina Milien
Illinois divorce attorney Christina Milien

As long as you haven’t left Iowa, Iowa has jurisdiction.  Your issue, however, is going to be having your ex-wife served since she is no longer in Iowa, but you do need to act as quickly as possible because once they have been in their current state for six months, an court in that state would have jurisdiction.

However, in the event she beats you filing, you could ask the court in your state to dismiss the matter for lack of jurisdiction.

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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One comment on “How To Determine Which State Has Jurisdiction

    Have a friend who has been served with divorce/custody papers from his wife who resides in Oklahoma so it was filed in Oklahoma. He resides in Illinois. Is there a lawyer in Illinois who can represent his case for him considering its in Oklahoma? A lawyer who can contest the custody for him?

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