Legal Question in Family Law in Illinois

I got into law school in IL. I am originally from NY. I moved out to IL 5 weeks before my wife and 2 year old daughter to get the house set up and make the move easier on them. We then emptied out and moved all our belongings from NY to IL and got rid of old house. She then moved out here for 22 hours and then decided to leave me and take my daughter with her back to NY. What can I do? Can I file an emergency injunction in IL to get her to bring my daughter back since they moved here, even for a short time, or will NY have jurisdiction over custody?


Asked on 6/22/15, 7:04 pm

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

IL has no proper jurisdiction over your child and any custody dispute. 22 hours is not long enough time to give IL courts the power to hear your case. Look at 750 ILCS 36. If there is no court order on custody, you can go to NY and take your daughter, but when she files a case in NY that court would have jurisdiction.

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Answered on 6/23/15, 3:59 am


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