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Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 3991
Experience:  30 years of experience
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I got divorced 3 years ago, I have physical custody of my 2

Customer Question

I got divorced 3 years ago, I have physical custody of my 2 daughters 1 is 14 and the other is 17. We moved to a different state 3 years ago, now my ex-wife wants to take me back to court get physical custody of my 14 year old daughter in her state. Does this law Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) can I use this law to bring my case to my state.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: She lives in Indiana and we live in Illinois.
JA: Has anything been filed or reported?
Customer: Yes, she filed, and I have court Friday.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nope
Submitted: 10 months ago.
Category: Family Law
Expert:  Gerald-Esquire replied 10 months ago.

Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald-Esquire replied 10 months ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Yes you are looking at the correct law. Generally, the Court that had original jurisdiction over the Custody issue retains jurisdiction. BUT where the children have resided in a different stae for a period of time (usually 6 months) then the new State is the more proper forum for the matter.

BUT you must get the original court to relinquish jurisdiction in favor of the second state. So the proper process is to file a Motion in the original Court for them to relinquish jurisdiction in favor of Illinois.

This process can become complicated quickly so you want to contact a local family law attorney so that the proper papers can be filed. Since time is short you can ask the Indiana Court for a Continuance so that you can obtain local counsel.

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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