Legal Question in Family Law in Puerto Rico
Filing a motion in Illinois if divorce took place in Puerto Rico
My divorce took place in Puerto Rico in 1997. No child support was ever established. I have one child and my ex-husband has the other. Son lives in PR with his dad. For vacation visits, the father does not pay for any travelling expenses as an airline ticket for either of the children. Can a motion be filed in Illinois to establish an agreement in court where the expenses be divided between both parents?
2 Answers from Attorneys
Re: Filing a motion in Illinois if divorce took place in Puerto Rico
Regarding the child that is living in Illinois, it would be possible for an Illinois court to take jurisdiction by way of a petition to enroll the judgment, based upon the residency of the child. Having the judgment enrolled in Illinois would give a court here jurisdiction to enter orders and approve agreements.
Re: Filing a motion in Illinois if divorce took place in Puerto Rico
Although there is something in child support cases dubbed as "shared jurisdiction" which should allow you to file your motion, there is a practical consideration. If from PR your sentence and judgment of divorce whould be in spanish. If not translated yet, this could be a cost consideration worth pondering against the advantages of the IL forum.