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Ellen
Ellen, Lawyer
Category: Family Law
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I have filed for divorce in the state of Colorado ...

Resolved Question:

I have filed for divorce in the state of Colorado approximately 4 months after we moved to Colorado from Illinois due to learning of infidelity on my wife''s part. We have a 12 year old daughter and my wife is fighting to bring her back to Illinois. My lawyer advised me when I was filing that Colorado has jurisdiction after 3 months. I am being told that Illinois'' rule is that you have to be out of the state 6 months. What are my chances on keeping my daughter in Colorado? I filed in May ''08.
Submitted: 8 years ago.
Category: Family Law
Expert:  Ellen replied 8 years ago.

Hello,

Thank you for your question. I am happy to assist you.

Your chances appear good to keep jurisdiction in Colorado.

When a custody action is filed, it must be filed in the home state of the children. The home state is the state in which the children have lived for the six months or the better part of six months prior to filing. This is where jurisdiction will remain.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
FLAandNYLAWYER

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Ellen and other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to FLAandNYLawyer's Post: So are you saying I have a good chance filing 4 months after moving to Colorado or does my child need to be here 6 months? This is a huge issue.
Expert:  Ellen replied 8 years ago.
I agree with your attorney that 4 months suffices.

I hope that this helps you.

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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

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