Out of State Father – Jurisdiction

QUESTION: Mom and minor child live in MI and have never lived in IL. The father of minor child lives in IL. Father filed a petition to establish visitation in IL. However, child support was started and maintained in MI. Since the case was opened in MI it is our understanding that there is a lack of jurisdiction in IL. The minor child has a learning delay and the father has been encouraged to visit the minor child in MI because the minor child cannot miss any of the special schooling he has been receiving. Bottom line, my daughter is looking for an attorney in IL to file a motion due to lack of jurisdiction and then followup and file what needs to be filed in MI. I hope I explained that where it could be understood.

ANSWER: Parenting time complaints are filed in the county and state of the child’s residence. You could contact the county bar association in the county where father has filed his case and ask for a referral or, as stated, search for an experienced and knowledgeable family law attorney.

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