Legal Question in Family Law in Virginia

Child Custody

If a case is tried in il. And one of the parties relocate to another state, can they bring up the case in the new state where they currently reside(va).


Asked on 2/15/03, 9:49 pm

2 Answers from Attorneys

Zachary Bravos Law Offices of Zachary M. Bravos

Re: Child Custody

Your question is ambiguous. It isn�t clear what you mean when you say that the �case is tried in Illinois� (is it concluded?; what result?). It is unclear what you mean when you say that the case is �brought up� in another state. These things can make a big difference in giving you an answer.

If a custody judgment was entered in Illinois, and the other party was awarded custody, and that party moved to another state (assuming leave was granted by the court for removal), and the child resides in the other state for six months or longer, the jurisdiction of the case could be moved to the other state under the Uniform Child Custody Jurisdiction Act.

If you were granted custody, and you remain with the child in Illinois, jurisdiction of the custody case would remain in Illinois despite the fact that the other party moved out of state.

P.S. if the child was removed from the state of Illinois by the other party, and it was done without leave of court, the other party has violated the law. Because I don�t know the particular facts of your case, I cannot advise you what to do next or what the result might be, but a lawyer in your area, experienced in custody matters, and familiar with the facts of your case, could help you.

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Answered on 2/17/03, 1:39 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child Custody

It's possible that one or more of the issues decided by the court in Illinois could have

its jurisdiction transferred to Virginia if the

courts in the two respective states were in agreement that this transfer should take place.

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Answered on 2/16/03, 11:53 pm


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