Legal Question in Family Law in Illinois

Child Custody

I am from Illinois Stationed in Idaho. The Mother and I married in illinois and moved to my duty station, which would constitute a change in residency. She moved back to Illinois before our divorce, took the kids after i told her not to, filed for divorce and got custody of the kids. Illinois never had jurisdiction to hear the matter, so is it possible to file a suit for a burden of proof on her to prove that she meet the residency requirements to file for divorce, and also file charges for interstate child abduction after a judge has signed a order stateing that she had custody? The only reason I ask is because it is true and if the state is required to follow the federal and state statues then the claim should be valid right?


Asked on 3/31/07, 12:16 pm

1 Answer from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: Child Custody

I'd like to hear more about what your end goal is here. Did you participate in the IL litigation at all? A court needs two types of "jurisdiction": personal jurisdiction over you and subject matter jurisdiction over the case. To get subject matter juris., a party only needed to live in IL for 90 days prior to the case. As for personal, again, that goes to the issues of how involved you were, did you get served with a summons. Lets discuss further.

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Answered on 4/02/07, 2:08 pm


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