Legal Question in Family Law in Illinois

My husband has been on probation for three years. He has also had a restraining order put against for that length of time. He gets off probation and the restraining order lifted in may. He has a three year old daughter, who lives in Massachusetts and we live in Illinois. My question is, what are the necessary steps to take in order to get partial custody of her and visitation rights - after those first two steps are done and lifted?


Asked on 12/21/14, 3:09 pm

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

Franly what makes you think you can get partial custody of his daughter? If the child lives in Massachusetts, unless an IL court has prior jurisdiction over the child, the issues of custofy and visitation must be litigated there. Even if an IL court has jurisdiction, her mother can argue that the case should be transferred to Massachusets. He has a very hard and possibly long road to travel to get to the spot he wants to get to. IF an IL court has jurisdiction, he has to file a motion seeking that relief fron the IL court and to serve the mother with notice of that motion,

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Answered on 12/21/14, 3:16 pm


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