Jurisdiction to Decide Child Custody Matters

Commencement of the Proceeding

750 ILCS 5/601

Under Section 4 of the Uniform Child Custody Jurisdiction Act, a court of the State of Illinois, competent to decide child custody matters, has jurisdiction to make a child custody determination in original or modification proceedings.

A child custody proceeding can be commenced in the court by a parent in connection with the filing of a petition for dissolution of marriage or legal separation or declaration of invalidity of marriage.  It can be commenced by the filing of a petition for custody in the county in which the child permanently resides or is found.  It can be commenced by a person other than the parent, but only if the child is not in the physical custody of one of his parents.  It can also be filed by a stepparent under certain circumstances.

Notice of a child custody proceeding shall be given to the child’s parents, guardian and custodian.  Each of those persons may appear, be heard, and file a responsive pleading.  The court may also permit intervention of other interested parties upon a showing of good cause.

Proceeding to modify a previous custody order, which began more that 30 days after entry of the prior order, must be initiated by serving a written notice and a copy of the petition for modification upon the child’s parent, guardian and custodian at least 30 days prior to a hearing on the petition. 

In a custody proceeding involving an out-of-state party, the court, prior to granting or modifying a custody judgment, shall consult the registry of out-of-state judgments to determine whether there exists any documents suggesting that the child had been removed from the physical custody of the person entitled to custody.  If so, the court shall notify the person or agency who submitted the communications as to the location of the child.   

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