Legal Question in Family Law in Illinois
Divorce
Can a mother with child who currently lives in Illinois move back to Washington State with child before filing for divorce?
2 Answers from Attorneys
Re: Divorce
This question is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been passed by all states in essentially the same form. The WA statute is chapter 26.27 RCW at http://apps.leg.wa.gov/RCW/default.aspx?cite=26.27.
The answer to your question is yes and no. If you move and live here for 6 months before you file for divorce in court, WA then has jurisdiction as the "home state". If you move and file within the 6 months, it would have to be heard in IL.
If you lived in IL for less than 6 months and lived in WA prior to that for more than 6 months, WA would be the home state and would have jurisdiction.
Re: Divorce
Mr. Preble is correct and provides the correct statutory reference. No state wants to encourage a parent to disappear with a child to the detriment of the other parent.
IL is not a community property state, WA is. So, the decision regarding where to file has financial consequences.
Hope this helps. Elizabeth Powell