Hernandez Camberos v. Palacios

Illinois Appellate Court
Civil Court
Child Custody
Citation
Case Number: 
2021 IL App (2d) 210078
Decision Date: 
Monday, July 12, 2021
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Child custody dispute between parties who live in different states. Original custody determination was made in Washington, where mother and child lived. Mother then moved to Utah, and Washington court ceded jurisdiction to Utah.Winnebago County Circuit court declined jurisdiction and dismissed father’s petition to modify custody. As the requirements of section 203 of Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) were not met, court properly declined jurisdiction. Father's failure to appeal the Washington court's decision finding that Utah is the home state of the child prevents father from now arguing in Illinois that Utah is not the home state. (JORGENSEN and BRENNAN, concurring.)