Interstate child custody is a complex area of family law involving Illinois statutes (the Illinois Marriage and Dissolution of Marriage Act, or IMDMA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Interstate child custody disputes often arise when one parent relocates prior to divorce or formal child custody proceedings, creating questions regarding jurisdiction and how custody will be handled across two states.
Jurisdiction in interstate child custody disputes depend heavily on specific facts such as when the move occurred, how long the kids have been in the new state, and whether any court orders exist yet. Once jurisdiction is established, how to navigate travel between two states and ensuring that custody meets the child’s changing needs are important considerations. It is very important to work with a local attorney experienced in interstate child custody cases to discuss your particular situation.
Jurisdiction for parenting time/physical child custody (when one parent moves before filing) is governed by the UCCJEA, which prioritizes the child’s “home state”. The home state rule defines the child’s home state as where the child lived for at least 6 consecutive months right before the divorce/custody case starts (or was the home state within the last 6 months, with one parent still living there).
It is not uncommon for the relocating parent to file out-of-state after moving, but it does not automatically give them jurisdiction if they file too soon. If a relocating parent left Illinois with their child less than 6 months ago and files in their new state, Illinois can still claim jurisdiction. The parent remaining in Illinois is advised to work with their attorney to file a divorce and custody case in Illinois immediately to assert jurisdictional rights. Courts from both states can and do communicate, and typically the new state defers to the state where the children resided previously. However, after 6 months’ time has elapsed with the child living in the new state, that state usually becomes the home state and takes jurisdiction.
When a parent finds themselves in a situation where the other parent has left the state with their child, perhaps without their knowledge or despite the remaining parent’s disapproval, and then files in the other state for custody, the best course of action for the remaining parent is to file in Illinois right away (even if the other parent is already filing elsewhere) enlisting the support of an experienced family law attorney who can request an emergency hearing, temporary orders, and ask the other state to decline jurisdiction to avoid losing ground.
Travel Reimbursement to Attend Out-of-State Proceedings (If Jurisdiction Is Elsewhere)
If the parent and child have been in the other state for longer than 6 months and the other state claims jurisdiction, a parent may have to travel out of state to attend proceedings, sometimes resulting in what can be significant expenses to pay for recurring transportation, lodging and other associated costs. Courts can (and often do) order reimbursement for one parent’s travel costs to attend hearings, especially if it’s a hardship. Factors include distance, income, and the relocating parent’s role in creating the interstate situation. Fortunately, some expenses can be avoided as many courts now allow Zoom/video appearances for non-trial hearings.
Sharing Costs for Travel Expenses after a Custody Agreement is Reached
Most states, including Illinois, allocate parenting time/visitation based on the child’s best interests, explicitly considering the child’s age, the distance between the parents’ residences, and the cost and difficulty of transporting the child. When children are young and cannot travel between states easily, one parent may have to travel to the state in which the child resides to continue the relationship. Depending on the circumstances, the relocating parent may be ordered to pay most or all of the costs (flights, gas, lodging) because they created the distance, or alternatively, costs may be split 50/50 or by income ratios. When the child is older and can travel, that expense may also be shifted to the relocating parent, or shared equally or proportional to income. Whatever the arrangement, it is important to get detailed language on who books/pays for what, deadlines, and reimbursement (e.g., within 30 days with receipts) to avoid disputes later.
Protecting Your Rights to Increase Parenting Time as Kids Grow
Parents may worry that any parenting time/ child custody arrangement made when their child is young will not be appropriate throughout their childhood. For parents traveling in from out of state, younger kids may need shorter stays with frequent visits, whereas older kids can handle longer stays and often can travel to the other parent on their own. It is helpful to work with an experienced child custody attorney who can build a “graduated” or “stepped-up” parenting plan that may include more overnights/summers as a child hits certain ages (8, 12, 14) which can be adopted after an annual review or automatically. Another option is to modify the child custody order when circumstances change.
Contact an Experienced Interstate Child Custody Lawyer for Help
Libertyville Illinois family law attorney Ronald L. Bell has over 30 years of experience handling difficult Interstate child custody jurisdiction issues. Contact Ron L Bell for immediate assistance at 847-495-6000.