When spouses decide to divorce but reside in different states, the party filing for divorce can typically choose which state will have jurisdiction over the case. Illinois has jurisdiction in a divorce case if either spouse has resided in state for at least 90 days, or, upon issuance of temporary orders, until one spouse has lived in the state for 90 days to obtain jurisdiction.
When there are children involved in the divorce, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Full Faith and Credit Clause come into play. The UCCJEA provides the guidelines to decide which state has jurisdiction in a child custody case whereas the Full Faith and Credit Clause ensures states recognize and enforce court orders and judgements issued in other states where jurisdiction has been established.
Interstate Child Custody Determinations
The UCCJEA sets out standards for courts to make custody determinations. It also sets standards for when a court must defer to an existing decision that originated in another state. A state court can decide on a child custody arrangement if:
1. The deciding state is the child’s home state, where a child resided with a parent in the state for at least six months before the legal action is brought, or, where the child is absent, at least one of the child’s parents continues to reside in the state.
2. The child and at least one parent have significant connections to the state beyond physical presence such as close relationships with extended family, teachers, doctors, as examples, and, there is evidence inside the state of a child’s care, protection, training, and personal relationships.
3. The home state or state with significant connections declines jurisdiction when a more appropriate forum exists.
When no state can meet any one of the three tests, a court may exercise vacuum jurisdiction over the custody orders. Under the UCCJEA, if a state court cannot meet any of the above requirements, the court cannot issue a child custody judgment even if the child is present in the state.
If more than one state can simultaneously meet any of the three tests, the UCCJEA allows only one state to issue a child custody judgment. Courts must communicate to resolve issues in order to avoid conflicting decisions in multiple courts.
Under the UCCJEA, states are encouraged to cooperate with each other in the enforcement of custody orders ensuring that both parents can continue meaningful relationships with their child despite living in different states.
Contact an Experienced Interstate Child Custody Lawyer
If you have questions regarding interstate divorce or custody issues contact the Libertyville family law office of Ronald L Bell & Associates for immediate assistance today.