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Q: How can I address divorce and custody proceedings in California while ensuring safety in Chicago?
I recently moved from California to Chicago due to ongoing abuse from my husband and his mother. I filed for an Order of Protection in Chicago, but it was not granted because my husband did not receive the notice due to technical issues. Meanwhile, my husband has filed for divorce and custody of our 12-month-old child in California, and I need to respond within 30 days. I currently have my child with me in Chicago and do not want to return to California due to safety concerns and lack of support. My husband does not provide any financial support, and I have audio recordings of his abusive behavior. Additionally, I do not have any financial resources at the moment. What are my options for addressing the divorce and custody proceedings in California while ensuring our safety in Chicago?
A:
You’re in a very difficult position, and it’s understandable to feel afraid and uncertain. Because your husband filed for divorce and custody in California, you must respond within 30 days to avoid losing your right to be heard. You can file your response from Chicago by mail or electronically, and you can request remote participation to avoid traveling back to California. It’s important to explain that you left the state for safety reasons and include any evidence of abuse or threats to support that claim.
You can also ask the California court to transfer or decline jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law allows a court to consider your current residence and safety concerns when deciding which state should handle custody matters. Since you already attempted to get an Order of Protection in Illinois, you can try again and show documentation that service issues prevented it from being granted before. Having those audio recordings, messages, or witness statements will help demonstrate the danger you and your child face.
If you don’t have money for an attorney, you can reach out to free legal aid services in both states. Many family courts have self-help centers where you can get forms and instructions. Focus on meeting the 30-day response deadline first, then request that custody and safety issues be reviewed by the court. You are doing the right thing by protecting yourself and your child, and your documentation can help the court understand why returning to California isn’t safe.
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