Can I file for a change of custody inone stateif my divorce was finalized in another?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can I file for a change of custody inone stateif my divorce was finalized in another?

My ex-husband and I have joint custody of our 2 children. He has physical custody and I pay him child support. I want to know if I can file change of custody. I live in IL; divorce was finalized in MI.

Asked on November 28, 2010 under Family Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the The Uniform Child Custody Jurisdiction Act (UCCJEA), the Full Faith and Credit for Child Support Orders Act (FFCCSOS), and the Uniform Interstate Family Support Act (UIFSA), the state issuing a child support order retains continuing and exclusive jurisdiction over its child support orders so long as the child continues to reside in the issuing state.  Therefore, the court that makes an initial custody determination has jurisdiction over that determination unless the child does not presently reside in the issuing state.

If the children do not still live in the original state, the question of where to modify the order depends various criteria. For example, a state may modify another state court custody ruling if:

  • The state is the child's new home state (and valid residency has been established);
  • Jurisdiction is declined by the issuing state;
  • All courts having jurisdiction have deferred to another state; or
  • No court of any other state would have jurisdiction (e.g.in the case of foreign country custody order).

Clearly, depending on the facts of a particular case, this can be a technical and complex area of the law.  You should consult directly with a family law attorney about your situation.  However, bottom line, you will probably have to modify the custody order in MI if that is where your children still reside.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption