More details to this question:
I lived in Las Vegas, nevada and I have joint custody of my kids. My husband took the kids and went to another state. This was three years ago. I didn't know where he was at for two years but, I do now. I know it's past the six months they say I have to do something but, I couldn't do anything since I didn't know where he took the kids. I currently live in Illinois now and he lives in Texas which is where he ran with the kids. I'm wanting to know what I need to do or where to start to try and get my kids back. He was not suppose to leave the state.
1 ANSWER
If you were still in Nevada, you could file a motion here, since Nevada would have "Continuing Exclusive Jurisdiction" to enforce the order. But since at this point all parents and children have left the State, further custodial litigation will be in either Illinois, or Texas. You could file in Illinois; my guess is that your ex will counter-file in TX, and the question is whether the underlying facts -- including why you waited three years before proceeding to court (you could have filed, even if you did not know where he went -- and people can be traced) allow you to make the argument that TX is an inappropriate forum due to F's "reprehensible conduct." Obviously, the facts are critical. I suggest you speak to an Illinois family law specialist well versed in the UCCJEA.
Answered on Mar 25th, 2014 at 12:38 PM