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Author Topic: Court Jurisdiction?  (Read 1304 times)

awakenlynn

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Court Jurisdiction?
« on: Aug 16, 2006, 01:42:17 PM »
Background:  Ex resides in Texas(her husband is in military).  My family resides in Iowa(but we keep our residence as IL).  The case jurisdiction currently resides in Illinois.

SD is 13, and court has had jurisdiction since child was born.  The ex's family has moved 6 times within the 13 years because of the military.  They are currently moving across state(TX).  

We have gone to court over different issues 4 times over the 13 years with a hearing for court again now.


Problem: Ex's attorney has asked for a 2 week delay in order to file a motion for a change of jurisdiction to Texas.  He told the ex that she should file in Texas(hasn't done yet) and told her what he would do.  We have to go to a hearing in 2 weeks to try and fight the move to Texas and to keep it in Illinois.

Questions: Is there anything we need or can do to make our case    
                     stronger?  
                Has anyone done this and won before?  
                Are there any sites to check for drivers license or voters
                    registration to prove ex still has some semblence of
                    residency in IL?
                We have an email chain letter thing, that asks a question
                    about home and her answer is that she still considers IL
                    her home.  Will this help or even be admitted?
                 What are our chances?

Judge wants husband to go and testify.  All pick-ups/drop-offs for visitations are in IL.  Ex goes to visit family at least once to twice a year.  Ex's parents, in-laws, my husband's parents all live in the same county that has the court jurisdiction.


patton

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RE: Court Jurisdiction?
« Reply #1 on: Aug 22, 2006, 09:12:27 PM »
Jurisdiction  is where the custodial parent and child have lived for at least 6 months according to Texas Law or it can be changed to that county if custodial parent and child have lived there.  I don't know about other states.

Where has the custodial parent and child lived for the last six months?

awakenlynn

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RE: Court Jurisdiction?
« Reply #2 on: Aug 22, 2006, 11:17:30 PM »
The custodial parent and child have lived in one county, and have moved to another county this week.  Ex has continually taken husband to court over the last 13 years in IL.  She states that while she lives in TX, home is IL.  IL has retained jurisdiction so far because ex's husband is in the Army and they move every few years.  They have moved to 4  different states, he has gone over seas for 3 years(a year here and there) and they have had at least 8(if not more) moves within those 4 states in the last 13 years.

Lynn

 

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