Out of state filing

[Msallie]

I have lived in Missouri since 2011. My son's father lives in Illinois. He now wants to file for sole custody of our 12 year old son. Is he required to file where we live in Missouri, or will my son and I have to travel back and forth to court in Illinois?

 

[Litigator22]

Since your son child has resided in the state of Missouri for six months or more then Missouri is the child's "home state" and has exclusive jurisdiction for child custody litigation. (See: The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA)

 

[LdiJ]

Since your son child has resided in the state of Missouri for six months or more then Missouri is the child's "home state" and has exclusive jurisdiction for child custody litigation. (See: The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA)

Assuming that there are no prior custody orders. If there were prior custody orders established in Illinois, then Illinois would have continuing jurisdiction because one of the parties still lives there.

 

[Msallie]

Assuming that there are no prior custody orders. If there were prior custody orders established in Illinois, then Illinois would have continuing jurisdiction because one of the parties still lives there.

Thank you for your response, and there have been no prior orders in Illinois.

 

[LdiJ]

Thank you for your response, and there have been no prior orders in Illinois.

Then he would have to file in Missouri. However, if he is ignorant on that issue and files in IL, you would need to dispute/challenge IL having jurisdiction. Otherwise you could end up with IL having jurisdiction by default.