Seattle, WA asked in Family Law for Oregon

Q: How does a father that resides in Oregon file for parenting plan of a child residing in Illinois with mother?

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: Basically, you first need to first determine what court has jurisdiction to establish custody and a parenting plan. Assuming that it is Illinois, you need to contact an attorney in Illinois and figure out how to file there.

To determine what court in what state has jurisdction, you need to follow the rules set out by the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act). You should google UCCJEA and learn more about the details..

Generally speaking the UCCJEA will require that a court case be commenced where a child is where the child is living (and has lived for at least six months) at the time the matter first goes before the court. So if there has never been court decision involving the child before, you would need to file where the child lives now, which is Illinois apparently.

If there had been a court proceeding involving the court before, that court still has jurisdiction even if the child has moved to another state. So you can file in that prior court.

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