Wednesday, October 6, 2010

Jurisdiction of Illinois Court to Decide On Child Custody

Uniform Child Custody Jurisdiction Act, abbreviated as UCCJA, confers jurisdiction on adjudication or modification of judgment for original Illinois Child Custody. The Illinois court can exercise its jurisdictions under one or more of the following conditions.

1. The child in question has Illinois as his or her home state. This precondition must be applicable at the time of commencement of the proceedings. Alternatively, the court may also have jurisdiction in case the child has been a resident of Illinois State within 6 months immediately preceding the court proceedings and the child was absent because of his or her removal or retentions by another state. Similarly, even if the one of the parents or legal guardian lives in Illinois, the court may have jurisdiction over the matter.

2. In case of physical presence resulting from abandonment of the child or an emergency situation requiring shelter and protection to the dependent child subject to nebeyond the best interests of the childImage by cdrummbks via Flickrglect, threats, mistreatment, or abuse

3. Another state either does not appear to have or has declined exercise of its jurisdiction stating that Illinois court to be right body to determine the custody in the best interest of the child.

A Chicago Family Law Attorney may request to the court that, in the best interest of the child the Illinois court should assume jurisdiction on the grounds of connection of the child or at one of his or portents with Illinois. The attorney may also prove that that the child’s best interests including the present and future interests, protection and care, training, and personal relationships are present in the state.

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