Legal Question in Family Law in Illinois

My son was born in the state of California. He, his father and I, moved to Nevada when he was 3 weeks old and lived there for 20 months before I left with my son due to issues with his father. We are unwed with no custody agreement, which made it perfectly legal for me to leave the state of Nevada, even though the father's name is on the birth certificate. I even consulted a lawyer beforehand. My son and I have been living with family in the state of Illinois for just about 3 months now and everything is going quite well. His father has made no effort to fight for custody yet. I plan on filing for sole custody as soon as I can. My son's father has moved to the state of California a couple weeks ago so he no longer resides in Nevada either. Now that neither of us live in Nevada, can I file sooner or will I still have to wait until I have been in Illinois 6 months for "state citizenship"? What state would be proceeding the case?


Asked on 11/26/13, 12:04 pm

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

Under the UCJEA Illinois would have have jurisdiction over the child custody issues until six months have passed. However it may never have any jurisdiction over Dad unless he voluntarily appears. As he has never been in IL, IL courts lack the power to enter any order of support against him. It would, once the six months have run, have the power to award you custody of the child, however.

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Answered on 11/26/13, 12:08 pm


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