Interstate Custody Battle - Determining Jurisdiction

[mdball94]

I am the Father and my state of residence is Illinois. But because this is interstate question, I believe it would be governed by UCCJEA.

The initial divorce was in SC. I was awarded primary residential of oldest child. Mother awarded primary residential custody of two younger children and resides in TN. The court agreed to split the custody because my oldest daughter was miserable in the apartment her mother had moved them to and she was doing horrible in school. We have shared legal custody, just different primary residential.

I have since moved to IL, remarried, and have another child. My ex was having behavioral issues with our son and asked my wife and I to take primary residential of our son. He has lived with my wife and I for over a year now and doing much better. Now my ex is making some bad life decisions. I will not go into specifics because of the rules on here. My daughter failing some of her classes in school. I want to pursue custody of her, but I didn't even have primary residential of my son on paper yet.

So I hired a lawyer in Illinois. We went to court and the Judge said sure, he'd modify for my son because he is a resident of IL now, but he questioned whether I could legally pursue custody of the daughter in TN because of jurisdiction issues (she is a resident of TN).

I can see both arguments to this. The daughter is a resident of TN. TN should have jurisdiction. However, IL just assumed jurisdiction by changing the order on my son. And because the majority of the children from this marriage reside in IL, they should have jurisdiction over all the children. Because you shouldn't have two parenting plans and etc for children of the same marriage.

In short, I need to prove this to the judge with evidence (a case that's already went to trial or a specific law which I cannot find so far on the internet). I could pursue custody in TN, but it just doesn't seem right. Please help.

 

[LdiJ]

I am the Father and my state of residence is Illinois. But because this is interstate question, I believe it would be governed by UCCJEA.

The initial divorce was in SC. I was awarded primary residential of oldest child. Mother awarded primary residential custody of two younger children and resides in TN. The court agreed to split the custody because my oldest daughter was miserable in the apartment her mother had moved them to and she was doing horrible in school. We have shared legal custody, just different primary residential.

I have since moved to IL, remarried, and have another child. My ex was having behavioral issues with our son and asked my wife and I to take primary residential of our son. He has lived with my wife and I for over a year now and doing much better. Now my ex is making some bad life decisions. I will not go into specifics because of the rules on here. My daughter failing some of her classes in school. I want to pursue custody of her, but I didn't even have primary residential of my son on paper yet.

So I hired a lawyer in Illinois. We went to court and the Judge said sure, he'd modify for my son because he is a resident of IL now, but he questioned whether I could legally pursue custody of the daughter in TN because of jurisdiction issues (she is a resident of TN).

I can see both arguments to this. The daughter is a resident of TN. TN should have jurisdiction. However, IL just assumed jurisdiction by changing the order on my son. And because the majority of the children from this marriage reside in IL, they should have jurisdiction over all the children. Because you shouldn't have two parenting plans and etc for children of the same marriage.

In short, I need to prove this to the judge with evidence (a case that's already went to trial or a specific law which I cannot find so far on the internet). I could pursue custody in TN, but it just doesn't seem right. Please help.

The judge in IL took jurisdiction over your son only because your son had been physically residing in IL for over a year.

There is no way at all that an IL judge could take jurisdiction where your daughter is concerned. She is not, and never has been a resident of IL. Your argument that the judge should take jurisdiction because one state should have jurisdiction of all of the children from that particular marriage has no basis in legality.

That is like saying that its ok for a judge to violate someone else's constitutional rights to make it more convenient for you. The law doesn't work that way.

 

[stealth2]

ITA that IL has no standing to take jurisdiction of TN daughter.

 

[mdball94]

ITA that IL has no standing to take jurisdiction of TN daughter.

Ok, so because we have split custody, the children live in different states. Would that mean we'd have two different parenting plans for the children produced in the same marriage? That doesn't seem accurate to me.

 

[mdball94]

The judge in IL took jurisdiction over your son only because your son had been physically residing in IL for over a year.

There is no way at all that an IL judge could take jurisdiction where your daughter is concerned. She is not, and never has been a resident of IL. Your argument that the judge should take jurisdiction because one state should have jurisdiction of all of the children from that particular marriage has no basis in legality.

That is like saying that its ok for a judge to violate someone else's constitutional rights to make it more convenient for you. The law doesn't work that way.

As I said in the reply below, this would mean that we'd have two separate parenting plans for children produced by the same marriage. It seems like one state would be in charge of the whole affair (like child support). Both states would not be involved in setting the amount for child support (although they may work together to garnish wages if it came to that).

 

[mdball94]

And if the IL judge will not take jurisdiction over the TN child, how does child support work? It is decided by both states and the states argue it out? That doesn't make sense. According to the UCCJEA, a state can take jurisdiction if the child has "Significant connection (exists when a State has substantial evidence about a child as a result of the child’s significant connections to that State)." Although she has never been a resident, she has two full blooded siblings, a father, and a half brother here. That's a fairly significant connection. IL has set a precedent for this in this case: https://courts.illinois.gov/Opinions/AppellateCourt/2019/1stDistrict/1190059.pdf?fbclid=IwAR1tdkyaN1FfOK4vurLtcDV6p6gYHI8oIanE7kjxwsyyg002OZgPxcSJmBE In this case, the child had never even been to IL and was born in IN.

 

[LdiJ]

And if the IL judge will not take jurisdiction over the TN child, how does child support work? It is decided by both states and the states argue it out? That doesn't make sense. According to the UCCJEA, a state can take jurisdiction if the child has "Significant connection (exists when a State has substantial evidence about a child as a result of the child’s significant connections to that State)." Although she has never been a resident, she has two full blooded siblings, a father, and a half brother here. That's a fairly significant connection. IL has set a precedent for this in this case: https://courts.illinois.gov/Opinions/AppellateCourt/2019/1stDistrict/1190059.pdf?fbclid=IwAR1tdkyaN1FfOK4vurLtcDV6p6gYHI8oIanE7kjxwsyyg002OZgPxcSJmBE In this case, the child had never even been to IL and was born in IN.

I am sorry but that case is not remotely similar to the situation at hand. You can certainly feel free to consult and hire an attorney in IL if you can find one that is willing to try to claim that IL has jurisdiction regarding your daughter. However, unless mom simply rolls over and plays dead, or doesn't even come to a forum like this for advice, I do not see you having any hope of prevailing.

Even if you can get an IL judge to make such a ruling (which is not going to happen) that ruling is not enforceable in TN, where your daughter lives. Therefore you would have to take that IL ruling and try to convince a court in TN to uphold/domestic it. The odds of a TN court doing that are slim to none, and slim has left the building.

 

[mdball94]

I am sorry but that case is not remotely similar to the situation at hand. You can certainly feel free to consult and hire an attorney in IL if you can find one that is willing to try to claim that IL has jurisdiction regarding your daughter. However, unless mom simply rolls over and plays dead, or doesn't even come to a forum like this for advice, I do not see you having any hope of prevailing.

Even if you can get an IL judge to make such a ruling (which is not going to happen) that ruling is not enforceable in TN, where your daughter lives. Therefore you would have to take that IL ruling and try to convince a court in TN to uphold/domestic it. The odds of a TN court doing that are slim to none, and slim has left the building.

How is this case not similar? There are several similarities. And can you answer the questions about child support and parenting plans?

 

[LdiJ]

How is this case not similar? There are several similarities. And can you answer the questions about child support and parenting plans?

At this point in time, I am going to suggest that you get a consult with a local attorney. You clearly do not understand how the law works or even the basics, and you do not seem to want to learn. I think that you need to hear it from a local attorney to avoid spinning your wheels.

 

[stealth2]

I am the Father and my state of residence is Illinois. But because this is interstate question, I believe it would be governed by UCCJEA.

The initial divorce was in SC. I was awarded primary residential of oldest child. Mother awarded primary residential custody of two younger children and resides in TN. The court agreed to split the custody because my oldest daughter was miserable in the apartment her mother had moved them to and she was doing horrible in school. We have shared legal custody, just different primary residential.

I have since moved to IL, remarried, and have another child. My ex was having behavioral issues with our son and asked my wife and I to take primary residential of our son. He has lived with my wife and I for over a year now and doing much better. Now my ex is making some bad life decisions. I will not go into specifics because of the rules on here. My daughter failing some of her classes in school. I want to pursue custody of her, but I didn't even have primary residential of my son on paper yet.

So I hired a lawyer in Illinois. We went to court and the Judge said sure, he'd modify for my son because he is a resident of IL now, but he questioned whether I could legally pursue custody of the daughter in TN because of jurisdiction issues (she is a resident of TN).

I can see both arguments to this. The daughter is a resident of TN. TN should have jurisdiction. However, IL just assumed jurisdiction by changing the order on my son. And because the majority of the children from this marriage reside in IL, they should have jurisdiction over all the children. Because you shouldn't have two parenting plans and etc for children of the same marriage.

In short, I need to prove this to the judge with evidence (a case that's already went to trial or a specific law which I cannot find so far on the internet). I could pursue custody in TN, but it just doesn't seem right. Please help.

I think you should discuss with your lawyer. It's obvious that we won't convince you.