• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Modification and Jurisdiction

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TDSingleton

Junior Member
What is the name of your state? Illinois

My friend, was divorced in the state of Illinois, final in 1998. His ex wife moved to England, where she remained until 2 years ago. At that point she moved to Florida. Their child is 16 soon to be 17. In September, he allowed the boy to move to Florida for the school year, with the understanding that she would sign papers giving her "temporary extended visitation". She owes my friend approximately 6000 in back child support, from when she was out of the country. Once the papers were drawn up, she refused to sign them, as they included 9% interest on the back support according to Illinois law. Once she had the minor child in Florida for 6 months, she filed papers in Florida, first to enter the original documentation from the divorce in Florida courtst and then to modify the existing order from Illinois. He promptly hired a Florida attorney, to question jurisdiction and defective process, and service of process. Now, it would seem to me, that Illinois would retain jurisdiction as the minor child and his father lived in Illinois for 16 years, where his father still resides. To me,it seems pretty open and shut under the UCCJEA. However, it is costing my friend, 7,000 to get it thrown out of Florida, with the potential to still have to fight again in Illinois. Does this seem right? Was she within her legal rights to file the modification order in the state of Florida?

Thanks for any input,
TDSingleton
 


Ohiogal

Queen Bee
Does it make sense that he has to pay an attorney? yes. Could she file in Florida? Yes because she did. Legally does Florida have jurisdiction -- most likely not because dad still lives in Illinois -- that state that has the original custody papers.
 

LdiJ

Senior Member
What is the name of your state? Illinois

My friend, was divorced in the state of Illinois, final in 1998. His ex wife moved to England, where she remained until 2 years ago. At that point she moved to Florida. Their child is 16 soon to be 17. In September, he allowed the boy to move to Florida for the school year, with the understanding that she would sign papers giving her "temporary extended visitation". She owes my friend approximately 6000 in back child support, from when she was out of the country. Once the papers were drawn up, she refused to sign them, as they included 9% interest on the back support according to Illinois law. Once she had the minor child in Florida for 6 months, she filed papers in Florida, first to enter the original documentation from the divorce in Florida courtst and then to modify the existing order from Illinois. He promptly hired a Florida attorney, to question jurisdiction and defective process, and service of process. Now, it would seem to me, that Illinois would retain jurisdiction as the minor child and his father lived in Illinois for 16 years, where his father still resides. To me,it seems pretty open and shut under the UCCJEA. However, it is costing my friend, 7,000 to get it thrown out of Florida, with the potential to still have to fight again in Illinois. Does this seem right? Was she within her legal rights to file the modification order in the state of Florida?

Thanks for any input,
TDSingleton
I am going to play the devil's advocate for a moment.

If the child wants to stay with mom, and mom is a decent parent, and the child is almost 17, does it really make sense for dad to fight the child remaining with mom?

Right now mom has "status quo", which means that if she is a decent parent and the child is doing ok, she is going to have an edge for custody....particularly if that is where the child wants to be.

On top of that, dad is going to have to pay 7k to fight the jurisdictional battle, and then whatever it costs to fight the custody battle in IL. By the time its all said and done, and a decision rendered, the child may be 17 1/2 and therefore a legal adult able to make his own choices, within six months or so of the decision being rendered. So dad may only have him for six months before he turns around and moves right back in with mom if that is where he really wants to be.

Of course, if the child is NOT doing well in FL, then that is a different story.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top