Legal Question in Family Law in Illinois

I was granted sole care and custody of the children in the decree. My ex was granted every other weekend visitation. Now I would like to either restrict or shut off those rights because of a series of events. For instance, he is a drunk and has now recently been released from prison on burglary charges. However, he lives in Illinois and I live in Indiana. I was allowed to move 200 miles outside of his residence. I am within the 200 miles but outside the state line which is okay the way it is worded in the decree. The decree took place in Illinois where he is. I have lived in Indiana for 5+ years, ever since the divorce. Since I and the children have lived in Indiana for 5+ years where do I file the petition? Illinois or Indiana? Whose jurisdiction is it in?


Asked on 3/03/10, 10:57 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

You do not state that you were allowed to leave the state. Being allowed to move 200 miles away doe snot equal being allowed to leave the state. It is possible that an Indiana court would take jurisdiction of your case, but the judgment may state that all matters should be heard in Illinois. If you feel the children are endangered by his having them, them you may want to seek relief from an Indiana court.

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Answered on 3/09/10, 1:49 pm


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