[05140106]

If a divorce/ support case was granted in KS , then the mother and child move back to there home state of IL and dad moves to CA for the military but represented himself for the visitation schedule and put in a impossible arrangement for him to keep and hasn't been keeping to it or contacting the child , can the mother have her support / visitation changed to IL , and if the father is going to change visitation to have the child visit him in CA how can the mother prevent that if she has been primary care giver for more the two years? Also if divorce states father covers 100% medical is that separate from child support ?

[AK lawyer]

The divorce decree was awarded in Kansas. If she wants to have it modified she will have to ask the Kansas court that granted it to do so. The Uniform Child Custody Jurisdiction and Enforcement Act has specific provisions for modification of child custody decrees, so one would have to refer it it to see the circumstances under which such a decree can be modified by the courts of another state.

For the courts of another state to have jurisdiction, the Kansas court would have to determine that the father no longer resides there. This may be a problem if he is in California only because he is in the military.

She can ask Illinois to help her collect her child support, but the Illinois courts cannot modify it. It would probably be better to ask the military to make sue the father pays.

And yes, the medical coverage provision is probably in addition to the child support requirement.

[ScottGem]

As noted, KS retains jurisdiction unless both parents have established legal residence outside the state. The father being in the military does not necessarily mean his legal residence has changed if he is deployed elsewhere.

Did the mother get permission from the court to move? If there is a visitation order in place and the mother moved first, making it impossible to exercise visitation she could be in trouble with the court.

If the issue of visitation is a problem because of the father's military deployment, that should have been foreseen in the custody order.

[AK lawyer]

... If the issue of visitation is a problem because of the father's military deployment, that should have been foreseen in the custody order.

We don't know that dad was even in the military at the time of the divorce, let alone had been given orders to California.

OP says "father is going to change visitation to have the child visit him in CA". Presumably this means that he will ask the Kansas court to change the visitaiton order. Mom may be hard pressed to oppose that, if she moved to Illinois without permission of the Kansas court.

[ScottGem]

We don't know that dad was even in the military at the time of the divorce, let alone given orders to California.

Valid point.

[05140106]

Valid point.

I am from IL as is he , I was left with no choice but to move back , the father filed in KS and my lawyer here in IL told me it was my job then to find a KS lawyer as well to get something done so... All of a sudden I was called about child support and was unaware I was even divorced and had been for about three weeks , father was then moved to CA permanently and as far as I last knew his home of record is still IL I was not living in KS more then 3 months so was not considered a resident per the 6 month rule . I'm wanting to put in for me to have full custody of our 7 year old since : he lives out of state , the child has lived with me full time for almost 4 years ( we lived here during his deployment and only moved to KS for the 3 months ) no clause for taxes in paperwork but I claimed him since I provide what his support doesn't , was declined electronic since his father who last visited at Christmas for 3 days of a two week leave and called once on his birthday in jan and not again until Easter claimed him . I would hope you see why I am asking about having everything changed to IL dad is not a active parent due to remarriage and additional child , so are my chances slim that I would be able to become primary and he have only visitation ?

[05140106]

As noted, KS retains jurisdiction unless both parents have established legal residence outside the state. The father being in the military does not necessarily mean his legal residence has changed if he is deployed elsewhere.

Did the mother get permission from the court to move? If there is a visitation order in place and the mother moved first, making it impossible to exercise visitation she could be in trouble with the court.

If the issue of visitation is a problem because of the father's military deployment, that should have been foreseen in the custody order.

Court was aware of the move , he still was in KS for sometime but wasn't keeping to the visitation he had written in the divorce that was granted .

[AK lawyer]

So you and the child had moved to Illinois before he divorced you. It appears that you did nothing wrong.

Why do you need to modify custody? What visitation or custodial rights does he have now? Does the decree give him the right to see the child in California?

[ScottGem]

First, as far as claiming your child. Because he filed electronically first, it prevents you from filing electronically and claiming your child. However, it doesn't preclude you from filing manually and claiming your child, then letting the IRS sort it out. Since the child lives with you, it is likely you will get the deduction and he will have to file an amended return.

As for custody and visitation, what does the order specify now?

[05140106]

First, as far as claiming your child. Because he filed electronically first, it prevents you from filing electronically and claiming your child. However, it doesn't preclude you from filing manually and claiming your child, then letting the IRS sort it out. Since the child lives with you, it is likely you will get the deduction and he will have to file an amended return.

As for custody and visitation, what does the order specify now?

He had written his own arrangement of some weird holidays and the first weekend of every month , he was pushed to divorce quickly by his commander due to him being caught in a affair so he put some crazy stuff in the papers , and put father will cover 100% of medical with the question of insurance was on there so this is where my questions are coming from for I can not pay for a lawyer since I already paid 3,500 for one here in IL that did nothing but fax some papers to him and then tell me to bad your divorce was granted in KS and here's what's left to pay me , we didn't even make it to court here in IL . I simply just want my child to be in a safe environment and around people he actually knows, and KS was the ones who told me that once he moved I should get the child support moved to IL

[ScottGem]

As previously noted, you can get enforcement of the support moved to IL. You may even be able to get the custody case moved to IL. Whether you can get visitation changed we can't answer.

[AK lawyer]

He had written his own arrangement of some weird holidays and the first weekend of every month , he was pushed to divorce quickly by his commander due to him being caught in a affair so he put some crazy stuff in the papers , and put father will cover 100% of medical with the question of insurance was on there so this is where my questions are coming from for I can not pay for a lawyer since I already paid 3,500 for one here in IL that did nothing but fax some papers to him and then tell me to bad your divorce was granted in KS and here's what's left to pay me , we didn't even make it to court here in IL . I simply just want my child to be in a safe environment and around people he actually knows, and KS was the ones who told me that once he moved I should get the child support moved to IL

Evidently your Illinois lawyer already investigated whether you were properly served with notice of the Kansas divorce, but if service was bad you could perhaps get the Kansas divorce set aside and re-file for divorce, including custody and child support, in Illinois.