Custody Jurisdiction Question

[kids dad]

I am currently in the AF and was divorced in Colorado.  X lives in California.  I have custody of both kids B15 G11.  I was stationed in CA from 2001-2003 and now live in Illinois.  Before leaving CA my X filed a motion to get custody of our daughter.  We went to court and in Apr 04, I was awarded custody again.  My daughter went to her mothers for summer visitation( per court order son doesn't have to go) and now the X is stating that my daughter wants to live with her and once again filed a motion for custody.  (Same as last time).  Is there anybody out here who can advise on if it is possible to change jurisdiction to IL.  We have lived here for 7 months and according to an attorney in CA, my X can keep filing motions to drag me out there. Any other advise is welcome.
Thanks

[sbradbury2]

Under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) in CA, the homestate of the child is where the child has resided for the last 6 months.  Sounds like you can file a motion to dismiss her action based on lack of homestate jurisdiction pursuant to the UCCJEA.  Per the Act, IL would be the more convenient forum with the closest connection to the child's best interest, welfare, health and education.  At that time, you should have the CA order filed with the IL court.  The type of case would be "Registration of Foreign Custody Order" or as a "Sister-State Judgment" depending on how IL words their actions.

Hope this helps.  It's good to help a fellow Airman.  We went through the jurisdictional wheel of torture for almost 2 years (hubby's ex delaying and delaying).  I know it well.  Good luck and best wishes!





** DISCLAIMER**  This is my opinion and in no way is to be taken as legal advice.  Anyone using my opinion in a legal action is doing so at their own risk.  It is strongly recommended that any and all advice given (by an attorney or non-attorney) be thoroughly researched and reviewed before relying upon said opinion.

[LizaLou1]

In our case the UCCJEA kept the juisdiction from moving to another state.

BM moved kids from AL (state of jurisdiction) to FL.  Six months later she tried to move the case to Florida' Jurisdiction.   We hired an attorney in Florida.  One court filing, 5 minute hearing (which DH did not attend) and $ 3000 later, the BM's case was thrown out.

We filed papers based on UCCJEA.   We won because DH still lives the the same county of the original custody case.  As long as DH does not move and fights her attempts, the BM can't move jurisdiction.

LizaLou

[kids dad]

LisaLou
In my case the BM does not live in the same county the last hearing was held in.  The only reason it was heard in that court was because it was where the kids and I lived with the military.  No party has lived in the jurisdiction county since Dec 03.  

[Lawmoe]

You must file a Motion to change jurisdiction in California. If granted, you can then file a certified copy of your order in Illinois wher all future motions must be filed.

[Lawmoe]

You must file a Motion to change jurisdiction in California. If granted, you can then file a certified copy of your order in Illinois wher all future motions must be filed.