If my divorce was finalized in FL, and I now live in IL; can I file a child custody case in IL?

Not until your child has legal residence there for at least six months, AND provided the father doesn't object, which he should. I teach fathers how to do this.

http://icanhaz.com/BirdNestCustody

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How was the custody issue not included with the divorce? Is there already a Florida custody arrangement in place and you want to change it in Illinois?

If that is the case and your child's father still resides in Florida, than the chances are extremely likely that Florida will continue to hold jurisdiction over the case. The Uniform Child Custody laws cover this issue. You can read up more on the topic on the link below. No matter how long you live in Illinois, if Florida had the original custody case and a parent still resides there, the case will remain in Florida.

If custody was some how not mentioned with the Florida divorce (which is highly unlikely) and the child lives with you full-time, you would need to wait till the residency time has been fulfilled in Illinois to file. If the child lives in Florida with his father, though, Florida will continue to be the state of residency.

Does the child currently live with you or his father?

Edited:

If the child is currently living with dad through a Florida custody order, the case will have to stay in Florida. Additionally, it is next to impossible to have the custodial parent changed without extreme reasons (ie. documented and current drug convictions, court documented charges of abuse, etc.). Things that happened in the past are likely not going to change anything, so you cannot use, "He did drugs when we were together, so I should have custody", for example. Smelling like smoke and being dirty are not going to be good reasons for a change, either.

As far as smelling like smoke goes, you could request that it be added to the order that neither parent be allowed to smoke around the child, so at least he will no longer be directly around smoke on a regular basis. Also, have you considered moving to Florida when you finish up your service? I would talk to your lawyer and find out how good your chances are of petitioning for and being granted joint physical custody if you lived close enough for that to work.

Let me start by first saying Thank you for your service and sacrifice for our great Nation; Now onto the matter at hand; You now live in Illinois, you have to have lived in IL for at least 6 months to be legally considered a "resident" after that you can file for custody but it will depend on the courts if they allow it, in your favor Illinois is a "female friendly" state meaning they tend to lean to the side of the mothers, If your still in the service then contact the JAG and see what they can do for you, if that fails or your out of the service contact the Illinois bar association and see if they can recommend a good attorney for you, also in Illinois there are a TON of "women's groups" that will help you with attorney's and such, there are a lot of factors with you being in the military such as deployments etc. but with a good lawyer it can be worked out. Good luck and again Thank you for your service!

I don't see how someone could let someone as attractive as you get away, but, regardless of that, unfortunately, custody hearings have to be done in the home state. I feel you're pain, though. You must be really torn. You should appeal -- it's not like you're a crackhead. You're serving the country for crying out loud!

If the child has lived in IL for 6 mos, the jurisdiction changes and you can file there. If it's only you, I'm not sure.

it easily relies upon on what your custody contract says. once you've finished custody of the youngsters, then you is generally able to move....if the contract says not something about vacationing or transferring out of state and also you imagine your husband will wrestle it you'll favor to go back to courtroom to amend the contract. in case you educate evidence your activity is transferring you to Florida, and the advantages of transferring (i.e.having a activity, providing for the youngsters, and so on) then the choose gained't going stop you from transferring. all of your husband can do is provide his motives for him wanting you to stay....

you can file in any state in which your a resident