Legal Question in Family Law in Illinois

Changing venue and ongoing visitation issues

My ex wife is looking to change venue from IL to CA. Knowing IL has been the home state for 7 years.She continues to address the court year after year regarding vistation interperation, she has yet to be held accountable, knowing we seem to have a different Judge every year, over the past last 3 years.. My ex spouse has physical custody and we share joint custody of our son. I know if the venue gets change, this will just make matters worst reagrding my scheduled vistation and my contiuned efforts to uphold my visitation. As I speak, she is looking to interfere with Christmas. This will be the thrid year in row regarding holiday breaks. 2 questions I have; how likely will the judge award her request and how can I finally convince the court on her continuing visitation interference.


Asked on 10/30/08, 9:04 pm

1 Answer from Attorneys

Motty Stone Law Offices of Motty Stone

Re: Changing venue and ongoing visitation issues

As to your first question: The law is that a Court with jurisdiction over visitation cases usually keeps jurisdiction until none of the parties have significant contact with the original state. In other words, if you started in Illinois, you (a party) are still in Illinois and the kids come visit you in Illinois, then that alone is a good start in convincing the Court not to change venue.

For your second question: Divorce cases are famous for dragging on for years with these sorts of fights. If you can think of a way to make it easier for you to enforce your visitation then Court will probably work with you, but it is difficult to find a way that will magically stop all problems.

Your best bet is to get an attorney that can deal with both of these issues. On the one issue, a good attorney will draft a strong opposition to any change of venue and will know all the pertinent rules to cite. On the other issue, a good attorney will help you deal with game-playing on an ongoing basis, and hopefully allow you to pass the stress off to a professional.

Please feel free to give us a call if you want to talk about the details.

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Answered on 10/30/08, 11:55 pm


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