Chicago, IL asked in Child Custody and Child Support for Illinois

Q: Can my ex file for custody, taxes and child support?

I was given custody in 2017. My ex was not ordered visits or child support. In 2019, Aug my wife and I found out she was doing better and expecting a baby. I let her go live with her mom and grandparents in Tennessee while I live in Illinois so that she would be there for the birth of her brother. It was agreed i would get her back in May 2020. My ex wife now wants to file in Tennessee to change custody down there and file for child support while claiming her on taxes. Can she legally do this? Should I go get my child? She isn’t in danger but I do worry about after her mom has the baby.

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1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
  • Divorce Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: As long as an Illinois court has ruled on such things as custody, parenting time (formerly called visitation) or support, the children should remain subject to the jurisdiction of the Illinois court. The Tennessee court should refuse to take action contrary to the Illinois court's orders. This will require you to hire an attorney in Tennessee to bring the situation to the attention of the judge there. Do this as soon as you receive paperwork regarding her attempt to take action in Tennessee -- don't ignore whatever paperwork or notice you receive!

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