Illinois Compiled Statutes 750 ILCS 36/201 – Initial Child-Custody Jurisdiction
Current as of: 2024 | Check for updates
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(a) Except as otherwise provided in Section 204, a court of this State has jurisdiction to make an initial child-custody determination only if:
(1) this State is the home state of the child on the
(1) this State is the home state of the child on the
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date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in this State;
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(2) a court of another state does not have
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jurisdiction under paragraph (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum under Section 207 or 208, and:
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(A) the child and the child’s parents, or the
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child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence; and
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(B) substantial evidence is available in this
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State concerning the child’s care, protection, training, and personal relationships;
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(3) all courts having jurisdiction under paragraph
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(1) or (2) have declined to exercise jurisdiction on the ground that a court of this State is the more appropriate forum to determine the custody of the child under Section 207 or 208; or
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(4) no court of any other state would have
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jurisdiction under the criteria specified in paragraph (1), (2), or (3).
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(b) Subsection (a) is the exclusive jurisdictional basis for making a child-custody determination by a court of this State.
(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.
Terms Used In Illinois Compiled Statutes 750 ILCS 36/201
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.