Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I am currently involved in post decree proceedings. My ex

I am currently involved in...
I am currently involved in post decree proceedings. My ex has filed to modify the visitation order. I currenly live in Alabama and have resided here for 4 years. I received the notice on 11/29 for a trial date on 12/9. Does the Illinois court still have jurisdiction over me? If not, what should I do? If so, and I can't financially afford to come on such short notice, what should I do?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
12/1/2010
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello,



Thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



May I ask what state you were divorced in and what state your ex filed in - is it the same court that handled the divorce? Does the ex and the child still live in that state?



Ask Your Own Family Law Question
Customer reply replied 7 years ago
I filed for divorce by publication in Illinois in 2004. Visitation order was later written by the current Judge without input from my ex. The current visitation order says he has to financially pay for the visit and it's to occur the first two weeks in June, last two weeks of July and one week at Christmas. Unfortunately, we have not agreed on a visitatin schedule since 2005. I was granted permission in 2005 to relocate with the children to Alabama. My ex still lives in Illinois and has filed to modify the visitation order requesting that it occur in Illinois.
And he filed in Illinois?
Ask Your Own Family Law Question
Customer reply replied 7 years ago
Yes he did.
If it is the same court, then the Court still holds jurisdiction. According to the Uniform Child Custody Jurisdiction Enforcement Act, as long as ONE party of the matter still lives in said state that rendered the original orders, that Court still has jurisdiction over you. Since he lives in the state, I am afraid that the Illinois court still has jurisdiction.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but have limited legal avenues seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”








Ask Your Own Family Law Question
Customer reply replied 7 years ago
I'm confused. I thought that if the parent who relocates with the children, they can enroll their judgment in the state where they reside with the children. It's too expensive to keep going back and forth.
No, not quite. ONLY if all parties move out of the original state, then the party who has the child can move venue to the state where the child has lived for 6 months and the county where the child has lived for 90 days. OTHERWISE, the original court controls.The child support and visitation aspects CAN be registered in another state for enforcement purposes only, and IF they are, that new state arguably has jurisdiction as well, but since it has not been done so (I assume so because you have not told me) then the old state still has the superior jurisdiction.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but have limited legal avenues seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”








Ask Your Own Family Law Question
Customer reply replied 7 years ago

Ok....can I enroll my order in the state in which I live for enforcement even if he has an action pending in Illinois?

 

Since I am not able to attend the 12/9 trial, is there a motion that I can file for a continuance?

 

And can you tell me what the statute is in Illinois that governs this action?

"Ok....can I enroll my order in the state in which I live for enforcement even if he has an action pending in Illinois?"Indeed, but make sure to tell the Court that there is a pending action for modification."Since I am not able to attend the 12/9 trial, is there a motion that I can file for a continuance?"Of course - a MOTION FOR CONTINUANCE which must be sent beforehand. Either ask for a hearing and attend it, or ask the clerk of the court to have the Judge consider it 'in camera' and render a verdict. Either way, the reason must be very good - 'inconvenient' is not enough.Which action are you referring to for the statute?
Ask Your Own Family Law Question
Customer reply replied 7 years ago

You referred to the Uniform Child Custody Jurisdiction Act. Also, what is the act in Illinois that governs divorce, custody, jurisdiction, etc. I remember seeing 750???? Thanks so much for your help.

Since this now involves two states, the Uniform Child Custody Jurisdiction Act applies. Illinois has incorporated the Uniform Child Custody Jurisdiction Act, so citing both would be redundant.For a very good breakdown of the act, see here:

http://en.wikipedia.org/wiki/Uniform_Child_Custody_Jurisdiction_And_Enforcement_ActSo if he could have filed in Alabama or Illinois, but now that he has filed in Illinois, it has superior jurisdiction.
In the Uniform Child Custody Jurisdiction Act, the actual law can be seen here:http://www.law.upenn.edu/bll/archives/ulc/fnact99/1990s/uccjea97.htmHowever, this encompasses several issues at once, so it would take me about an hour to gather the relevant subsections for citing.

Edited by Eli on 12/1/2010 at 7:52 PM EST
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 years ago
My saga continues. I contacted the clerk to the judge on my case (in Illinois) and attempted to obtain a fax number to send information to the judge. She told me to notify the attorney for the other side. As of yesterday, she has entered an order to modify visitation. Would it be best to continue enrolling my judgement in Alabama or should I file in Illinois?
I am sorry for your entanglement. First of all, whatever you send to the Court you need to send to the other side as well, certified mail, RRR. The Court is not allowed to review anything without the other side seeing it. Nor can the Judge talk to you without the other side being there. Finally, unless the clerk allows it, you have to submit paperwork to the Court via mail or hand, not fax.But yes, you need to continue your litigation in ILLINOIS as we have established together that the jurisdiction is still in that state.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but have limited legal avenues seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”











Ask Your Own Family Law Question
Customer reply replied 7 years ago
Can't I modify the last order in Alabama? Or should I file a motion to reconsider?
I am afraid the jurisdiction is Illinois. You can ATTEMPT to do so, but you're likely to be unsuccessful since Alabama does not hold jurisdiction.
Ask Your Own Family Law Question
Customer reply replied 7 years ago
So would I file a motion to reconsider in Illinois? Or an appeal?
You say that your ex has filed something in Illinois - what was it, and is that what you are trying to counter, or has that already been adjudicated and this is something else?
Ask Your Own Family Law Question
Customer reply replied 7 years ago
He filed a motion to modify the current visitation order. His motion was to have visitation occur in Illinois. Since I did not appear the judge ordered it as allowed. I don't know the details. But if it was ordered to occur only in Illinois, how do I counter that?
Okay, I understand. Yes, the jurisdiction is in Illinois. You cannot counter it - the jurisdiction will stay there for now, I am afraid.
Ask Your Own Family Law Question
Customer reply replied 7 years ago
I know the jurisdiction will stay there. Can I file a motion to reconsider on the order that was entered or appeal it?
Oh, sure - absolutely. Forgive me, I misunderstood. You may, but must do so in 30 days after judgment.
Ask Your Own Family Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
102,932 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,932 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
It's regarding a judgment for arrears on child support in
It's regarding a judgment for arrears on child support in Texas … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
Child custody and child support. Nj. No I go into full
Child custody and child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: Nj JA: Has anything been filed or reported? Customer: Yes JA: Anythi… read more
Ely
Ely
Counselor at Law
102,932 satisfied customers
If someone does not pay child support and they are
If someone does not pay child support and they are remarried, and claim to be unemployed, but their spouse is employed, can child support be collected using their new spouse's income? This is in Flori… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
What is the age of discontinuing child support if in
what is the age of discontinuing child support if in college … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
I am about to file for child custody and child support I am
I am about to file for child custody and child support I am an unwed father in the state of California . My sons mother has made things quite difficult by not letting me see my son and Insists on rece… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
This a child support question, I am paying child support an
This a child support question, I am paying child support an my child is graduating from high school May 2018 starting college August 2018 and plan on live on campus. My Ex who has physical custody is … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
It about Child Support vs visitation Court order when he
It about Child Support vs visitation Court order when he don't pay all the time .. … read more
Sue
Sue
Juris Doctorate
244 satisfied customers
I'm in a child custody and visitation situation with a
I'm in a child custody and visitation situation with a female. There was no relationship. The child is 1yrs old. I didn't know the child's name until the summons. I don't want any envolvement! I'm an … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I already have a judgement for child support and visitation
I already have a judgement for child support and visitation and custody of my child, but they didn't do my divorce in the child support. Can I file for a divorce without bringing previous orders invol… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
This is about a child support modification that was
This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's re… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
Going through a post divorce child support case and need
going through a post divorce child support case and need advice about what legal documents are required to determine support … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My ex defaulted on child support under our divorce agreement
My ex defaulted on child support under our divorce agreement when our child came to live with me from his grandma. The court wrote him and he went for a lawyer who wrote to me with arrangement of visi… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
In a child custody visitation schedule, can a judge from
In a child custody visitation schedule, can a judge from Florida override a judge's decision in New Jersey when it clearly states in New Jersey that he is to have no unsupervised visitation. He lives … read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
Dispute child support dept. Divorce was in indiana support
Divorce was in indiana support order is from cook county il … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
My question is about child support case,and visitation; my
My question is about child support case,and visitation; my daughters dad never keeps her for his visitation never takes her for 30 days in July and doesn't do any of his financial obligations. I do ge… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
Im in the process of divorce. Finally had child support
Im in the process of divorce. Finally had child support hearing and my ex was ordered to pay part of the mortgage in child support. Its been only a few months since it was ordered and i have been aski… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
I am trying to figure out child custody for child support,
I am trying to figure out child custody for child support … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,545 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x