How do I get parenting time with my child when they live outside of the State of Illinois?

January 22nd, 2024 by Tiffany Hughes

Regardless of the circumstances, litigating the issue of parenting time and decision making (formally known as “custody”) can be difficult, frustrating, and emotional for all parties involved. In certain circumstances, this already complex process is made even more challenging when a parent and the child are living in different states. Having to fly or drive long hours to a Court in your child’s home state is an additional burden that you may not have to bear.

How do I get parenting time with my child when they live outside of the State of Illinois?

If you are attempting to obtain parenting time with your child, but your child is in a different state or your child has only recently moved to the state that you are currently residing, it is imperative that you have the proper legal assistance necessary to walk you through this confusing and daunting process. The Uniform Child Custody Jurisdiction and Enforcement Act, commonly referred to as the UCCJEA, is the statutory body that governs whether the Court in your state will have the authority to make decisions regarding your child, including parenting time and decision making.

Typically, a court will determine whether it has jurisdiction over a child by first identifying the child’s “home state.” In general, the home state for your child is the state in which the child has lived for at least six months prior to filing a Petition with the Court. If your child is less than six months of age, then their home state will be considered the state that they have lived in since birth.  In more convoluted situations, where your child has not lived in your state for six months or their home state is statutorily somewhere else, there are certain circumstances where a court can exert their jurisdiction anyways.   For example, this can occur in emergency situations.  Under the UCCJEA, a court can exercise what is called “temporary emergency jurisdiction.” Temporary emergency jurisdiction will be utilized if your child has been abandoned by their guardian or if the child, sibling, or parent is subjected to or even just threatened with mistreatment or abuse. Upon a showing of emergency, jurisdiction may be transferred to a Court in your state for the duration of the custody litigation regardless of where the child’s home state is, for a period determined by the Court.

Child custody is a complex and challenging process but with smart and cognizant attorneys who know the law on your side this process while difficult, will not be impossible. For more information on how the family law attorneys at The Law Office of Tiffany M. Hughes, P.C. can help you through the legal process of any and all of your child custody matters, contact us to schedule your complementary phone consultation today at 773-893-0228 or via email at Tiffanyhughes@thugheslaw.com

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois. The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes. If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.