Where Do I File My Custody Case?

What State to file in:

Initial child-custody should take place in the child’s ‘home state.’ Under 750 ILCS

36/201.

"Home state" means the state in which a child lived with a parent or a person acting as

a parent for at least six consecutive months immediately before the commencement of a

child custody proceeding. In the case of a child less than six months of age, the term

means the state in which the child lived from birth with any of the persons mentioned. A

period of temporary absence of any of the mentioned persons is part of the period. 750

ILCS 36/102.

Note*: A child’s ‘home state’ could change if the child and a parent reside in a different state

state for a period in excess of six (6) consecutive months.

If your child is removed from the state you reside in without your consent, you have

rights and may be able to force the child’s return by acting fast. If you delay, and your

child gets ‘established’ in a new school and community, it will be much harder to

convince a Judge it would be best to compel the child’s return.

What County to file in:

The initial finding of paternity can take place in the county in which either parent resides.

750 ILCS 46/604.

However, a proceeding for the allocation of parental responsibilities (decision-making

and parenting time) is commenced in the county where the child resides. 750 ILCS

46/604(b). Many times, the father of the child may reside in one county or state and the mother and child might live in another.

In these situations, it is not uncommon for the mother to apply for state assistance to set

up child support. The State will then file a complaint to 1) establish paternity and 2) set

up child support. And they will usually do so in the county where the alleged father

resides.

Confusing matters more, if that same father wanted to determine a parenting schedule

and/or decision-making authority for the child, that cause of action must take place in

the county where the child resides. (The State doesn’t help with these issues – only

child support).

It is always best to consult with an experienced family law attorney to guide you on

questions of jurisdiction and venue. These decisions can save a lot of time and money

up front.

What if I want to change a prior custody Judgment? Where do I file then?

The answer is typically the state and county where the initial judgment was issued.

That court will have continuing jurisdiction. 750 ILCS 36/202. The exception may come

where neither parent continues to reside there.

If neither parent lives in the same county where the judgment was issued, it may be

appropriate to ENROLL THE JUDGMENT in the new state or county (where the child is

presently living) or TRANSFER any pending actions to that county.

Again, spotting this up front can save you time and money.