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Rose Zapor
Rose Zapor, Family Lawyer
Category: Family Law
Satisfied Customers: 81
Experience:  Ten years as a Family Lawyer, Published author.
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About 2 years ago my ex and I had a civil custody case for

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About 2 years ago my ex and I had a civil custody case for our son with we now have joint custody with his father having the physical custody. We had the original order in the state of Indiana. He resides in Illinois. In which state do I need to file a petition?
The state that entered the original order is the state that has continuing and exclusive jurisdiction until another state requests that the jurisdiction be moved there. This is called the Uniform Child Custody Jurisdiction and Enforcement Act (UUCJEA). If the child has lived in Indiana for more than 6 months, his father can ask that the Indiana court take jurisdiction, but the petition should be filed in Indiana.

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Customer: replied 8 years ago.

His father has never lived in Indiana. And his father has had physical custody while living in Illinois for 4 years. My son was an Indiana resident until the time he was 2 and has lived in Illinois for the past 2 years. So will I still need to file in Indiana even if he resides in Illinois?




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