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momgirrl
recently joined

Reged: 05/14/12
Posts: 1

Jurisdiction change?

#784655 - 05/14/12 10:08 PM

My case was finalized in IL in 2009. Since then BOTH the father and I have left IL. I now reside and have for 3 years, with the children in Washington, the father has lived in Missouri since 2008. I desperately need a modification of our current parenting plan and from what I'm understanding from the UCCJEA Washington would now be considered the "home state" for my children. Can IL deny transferring jurisdiction even though BOTH parents have left the state? As I understand it they can only retain continuing jurisdiction if one of us still lived there which is not the case. Any advice would be appreciated. Thank you for your time.

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Buckeye
Carpal \'Tunnel

Reged: 12/08/05
Posts: 7857

Re: Jurisdiction change?

[Re: momgirrl]
#784661 - 05/15/12 06:07 AM

My understanding is that if both of you don't live in IL and more importantly the children don't live in IL, your case can be transferred.

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Renny
addict

Reged: 09/24/11
Posts: 479

Re: Jurisdiction change?

[Re: momgirrl]
#784793 - 05/17/12 03:16 PM

Your understanding is correct. You both left IL and therefore your ex cannot claim jurisduction tgere and the home state is now WA. You will have to domesticate the decree.

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elliesmom
Carpal \'Tunnel

Reged: 11/07/05
Posts: 8835

Re: Jurisdiction change?

[Re: Renny]
#784892 - 05/21/12 10:31 AM

It is much simpler than it sounds.

You will hire an attorney where you live, he will file for a modification and at the same time file papers that establish WA is the correct venue and asking WA to "domesticate" the decree from IL. Which is a fancy way of saying "recognize this as the existing order even though it wasn't written and filed here." You don't actually file anything in IL.

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