Co-Parenting Across State Lines

Co-parenting across state lines is a complex endeavor. Whether it’s due to a job relocation, personal reasons, or a fresh start, moving across state lines while maintaining a co-parenting relationship requires an understanding of Illinois interstate custody laws. This understanding helps to make sure you know how to protect your parental rights and ensure your child’s best interests are protected.

In Illinois, when parents live in different states, child custody and visitation matters fall under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA provides guidelines for determining which state courts have jurisdiction over child custody disputes. As a Schaumburg child custody attorney who practices these cases, I help parents resolve complicated custody matters while ensuring compliance with Illinois laws and the UCCJEA.

Jurisdiction And The UCCJEA

In Illinois interstate custody cases, the UCCJEA plays a pivotal role in determining which state has jurisdiction. This law, followed by Illinois and many other states, is designed to prevent ‘forum shopping’ and ensure that only one state exercises jurisdiction over custody matters at a time. As a Chicago interstate custody attorney representing clients in these cases, I use the UCCJEA to help parents navigate and resolve complicated custody matters while ensuring compliance with Illinois laws.

Under the UCCJEA, Illinois courts will generally have jurisdiction in custody matters if Illinois is the child’s “home state.” A home state is defined as the state where the child has lived with a parent or a guardian for at least six consecutive months immediately before the custody proceeding begins. If the child is younger than six months old, the home state is where the child has lived since birth. If Illinois is not the home state, but it has significant connections to the child and family, an Illinois court may still assert jurisdiction under certain conditions.

Understanding the UCCJEA helps determine which state can make legal decisions affecting your child, and as your attorney, I guide you through this process.

Modifying An Out-Of-State Custody Order

If you already have a custody order from another state but need to modify it because you or your co-parent have moved, the UCCJEA plays a significant role in how modifications are handled. Illinois courts can modify an out-of-state custody order only if Illinois becomes the child’s new home state or if the original state no longer has jurisdiction. I work closely with my clients to gather the necessary documentation and arguments to show why the modification is needed. Illinois courts will always prioritize the child’s best interests, so ensuring that the court understands how circumstances have changed is key to modifying an order.

Parental Relocation And Custody

When a parent wishes to move out of Illinois with their child, specific laws govern this situation. Illinois law requires a parent with primary physical custody to seek court approval before relocating more than 25 miles away from the current home in certain counties. If you live in Cook, DuPage, Kane, Lake, McHenry, or Will County, that 25-mile rule applies. For other counties, it’s a 50-mile threshold.

Relocation cases often involve a close examination of several factors, including the reasons for the move, the impact on the child’s relationship with the other parent, and the child’s best interests. If you’re considering relocation or need to object to a move, it’s important to work with an attorney who understands Illinois law and interstate custody dynamics.

Enforcement Of Custody Orders

If one parent violates a custody order by relocating or withholding the child, the law provides mechanisms to ensure compliance. Illinois courts can enforce custody orders from another state, and the UCCJEA allows for cooperation between states in locating and returning a child.

As an interstate custody attorney, I assist parents in enforcing custody orders when violations occur. Whether through negotiation or litigation, ensuring that custody arrangements are respected is a priority, and I help parents protect their rights and their relationship with their children.

Order Of Protection And Interstate Custody

Another key aspect of interstate custody cases is the potential need for an order of protection. If domestic violence or child abuse is a concern, Illinois law allows a parent to seek an emergency order of protection even if the other parent lives out of state. These orders can affect custody and visitation rights, and courts will prioritize the safety of the child and parent involved. Working with an attorney can help ensure that any necessary protective measures are in place while navigating the complexities of interstate custody.

Interstate Custody Frequently Asked Questions

What Happens If Both Parents Live In Different States And Both File For Custody?

When both parents live in different states and file for custody, the UCCJEA will determine which state has jurisdiction. Generally, the child’s home state will have jurisdiction, meaning the state where the child has lived for at least six consecutive months before the legal action. If there is no home state or multiple states could claim jurisdiction, courts will consider factors such as significant connections to the child and which state is best suited to handle the case.

How Do I Modify A Custody Order If I’ve Moved To Illinois From Another State?

To modify a custody order from another state, Illinois must become the child’s new home state under the UCCJEA, or the original state must give up jurisdiction. To make this modification, you must show that the change is in the child’s best interests, and Illinois courts will review your circumstances. I assist parents in preparing and presenting these cases to ensure the modification request is strong.

What Should I Do If My Co-Parent Moves Out Of State With My Child Without Permission?

If your co-parent moves out of state with your child without your permission or in violation of a custody order, Illinois courts can enforce the original order under the UCCJEA. I can help you file the necessary legal actions to enforce your custody rights, which may involve returning the child to Illinois and addressing any custody violations.

How Do Illinois Courts Decide If A Parent Can Relocate With A Child To Another State?

Illinois courts consider several factors when deciding if a parent can relocate with a child, including the reasons for the move, the distance of the relocation, the impact on the child’s relationship with the other parent, and whether the move is in the child’s best interests. As your attorney, I help you present a strong case for or against relocation, depending on your situation.

Can An Order Of Protection Affect Interstate Custody?

Yes, an order of protection can affect interstate custody. If one parent poses a danger to the child or the other parent, an Illinois court can issue an emergency order of protection that includes provisions regarding custody and visitation. I work with parents to secure these protective measures while ensuring the child’s safety remains a priority.

Contact Our Chicago Interstate Custody Lawyer To Protect Your Parental Rights

Interstate custody cases can be complex and emotionally challenging, but you don’t have to navigate them alone. If you’re dealing with issues related to co-parenting across state lines or need assistance with modifying or enforcing a custody order, I am here to help. Contact our Chicago interstate custody attorney at the Law Office of Fedor by calling (847) 241-1299 to schedule a consultation. I represent clients in Schaumburg and throughout Chicago, Illinois, ensuring that your parental rights and your child’s best interests are always protected.