Posted on July 13, 2009 by Jason Schneider
Many people do not know what a Home State is, but according to the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) a child’s Home State is one of the most important factors in a Child Custody case, particularly if the child has moved out of state.
The main reason that knowing a child’s home state is important is because it determines which state court has jurisdiction over any custody disputes that may arise when a child has lived in more than one state. According to 750 ILCS 36/102, the “Home State” is the place where a child has resided: (1) with a parent or (2) with a person acting like a parent for (3) six months or longer immediately before the commencement of a child custody proceeding. If the child is less than six months old, then the place that the child lived from birth with any of the persons mentioned becomes the Home State.
Why does this even matter? Lets say Susan and Mike reside in Texas. They decide to have a baby, and when the baby is three months old, Mike wants to move the family to Illinois. The child lives in Illinois for nine months, until it is one year old. At that time, the relationship between the parents disintegrates, and Susan wants to take the child and move back to Texas, where she grew up, and where all of her family and friends are. For the purpose of determining the child’s home state, the court would find that Illinois has become the new home state of the child, and that the court system in Illinois now has jurisdiction over any custody matters.
To further complicate things, if Illinois courts have jurisdiction, they can very well decide it is not in the best interest of the child to break up the family and allow Susan and the child to move back to Texas, because then Mike would not be able to visit with the child. It is easy to see how things can get messy from there. Furthermore, even if Susan is granted permission to take the child and move back to Texas, the court system in Illinois still retains jurisdiction over the matter, and all proceedings are heard in Illinois. This means Susan has to hire an attorney in Illinois, and possibly incur travel expenses from traveling between the two states.
The lesson learned from this situation is that one should be very careful before making any decisions that involve moving a child out of state, whether you are married, or not married. If you and your significant other reside in the same state and you have a child, and you decide to move, if the relationship ever ends, the situation could turn ugly for you. You may be forced to pay an attorney and attend hearings out of state, or even worse, you may be unable to return to your family and friends without relinquishing custody of your child.
- Jessica Natkin
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