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Illinois Compiled Statutes

750 ILCS 36/201 (2026)

Initial Child-Custody Jurisdiction

✓ current as of May 2026
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(750 ILCS 36/201)
    Sec. 201. Initial Child-Custody Jurisdiction.
    (a) Except as otherwise provided in Section 204, a court of this State has jurisdiction to make an initial child-custody determination only if:
        (1) this State is the home state of the child on the
    
date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in this State;
        (2) a court of another state does not have
    
jurisdiction under paragraph (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum under Section 207 or 208, and:
            (A) the child and the child's parents, or the
        
child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence; and
            (B) substantial evidence is available in this
        
State concerning the child's care, protection, training, and personal relationships;
        (3) all courts having jurisdiction under paragraph
    
(1) or (2) have declined to exercise jurisdiction on the ground that a court of this State is the more appropriate forum to determine the custody of the child under Section 207 or 208; or
        (4) no court of any other state would have
    
jurisdiction under the criteria specified in paragraph (1), (2), or (3).
    (b) Subsection (a) is the exclusive jurisdictional basis for making a child-custody determination by a court of this State.
    (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.
(Source: P.A. 93-108, eff. 1-1-04.)

    
Notes of Decisions
Cited in 37 cases (10 in the last 5 years), 2004–2026 · leading case: In Re Marriage of Diaz, 845 N.E.2d 935 (Ill. App. Ct. 2006).
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In Re Marriage of Diaz, 845 N.E.2d 935 (Ill. App. Ct. 2006). · cites it 7× “” 750 ILCS 36/201(a) (West 2004). We must construe section 201(a) to determine whether Illinois has the necessary subject matter jurisdiction to make an initial child custody determination in this case.”
McCormick v. Robertson, 2014 IL App (4th) 140208 (Ill. App. Ct. 2014). · cites it 5× “The court determined it did not have jurisdiction to enter the February 2010 order pursuant to section 201 of the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) (750 ILCS 36/201 (West 2010)). ¶3 On appeal, Joshua asserts the Champaign County circuit court erred…”
In Re Sophia GL, 890 N.E.2d 470 (Ill. 2008). · cites it 2× “]" 750 ILCS 36/201(a) (West 2004). Andrew asserts that Indiana was not Sophia's home state when the Indiana proceedings were commenced because it is undisputed that Sophia was living in Illinois at that time; therefore, Indiana could not exercise home state jurisdiction.”
Cochran v. Lindeman, 890 N.E.2d 470 (Ill. 2008). · cites it 2× “]” 750 ILCS 36/201(a) (West 2004). Andrew asserts that Indiana was not Sophia’s home state when the Indiana proceedings were commenced because it is undisputed that Sophia was living in Illinois at that time; therefore, Indiana could not exercise home state jurisdiction.”
Fleckles v. Diamond, 2015 IL App (2d) 141229 (Ill. App. Ct. 2015). · cites it 3× “” 750 ILCS 36/201 (West 2014). ¶ 34 The definition of “home state” is provided in section 102(7) of the UCCJEA: “ ‘Home state’ means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the…”
In Re Ds, 840 N.E.2d 1216 (Ill. 2005). · cites it 4× “Respondent appealed, arguing that (1) the trial court lacked subject matter jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) (750 ILCS 36/201 et seq. (West 2004)) because, at the time the wardship petition was filed, D.”
McCormick v. Robertson, 2015 IL 118230 (Ill. 2015). · cites it 2× “” 750 ILCS 36/201 (West 2010). ¶ 25 As a preliminary matter, we note that this statute, by its terms, applies only to proceedings involving the initial determination of child custody.”
McCormick v. Robertson, 2015 IL 118230 (Ill. 2015). “The circuit court’s conclusion that the earlier order was void was based exclusively on its conclusion that McCormick’s claim did not meet the requirements specified by section 201 of the UCCJEA (750 ILCS 36/201 (West 2010)). The appellate court did not dispute that McCormick’s…”
Guardianship of K.R.J. v. Jensen, 942 N.E.2d 598 (Ill. App. Ct. 2010). “See 750 ILCS 36/201(a)(l) (West 2008) (providing that an Illinois court has jurisdiction to make an initial custody determination if Illinois is the home state of the child when the proceeding is commenced).”
Fleckles v. Diamond, 2015 IL App (2d) 141229 (Ill. App. Ct. 2015). · cites it 4× “(West 2014)), because, under that statute, Colorado, where the child was ultimately born and where defendant lived with the child, was his “home state” (750 ILCS 36/201 (West 2014); see also 750 ILCS 36/102(7) (West 2014)).”
In re Marriage of Milne, 2018 IL App (2d) 180091 (Ill. App. Ct. 2018). · cites it 2× “” 750 ILCS 36/201 (West 2016). ¶ 29 Section 102(7) of the UCCJEA contains the definition of “home state”: “ ‘Home state’ means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of…”
In re J.S., 2019 IL App (1st) 190059 (Ill. App. Ct. 2019). · cites it 3× “For the following reasons, we affirm. ¶2 JURISDICTION ¶3 After a finding of neglect, the trial court adjudicated J.”
Show all 37 citing cases →
— 750 ILCS 36/201(a) — 18 cases
In Re Marriage of Diaz, 845 N.E.2d 935 (Ill. App. Ct. 2006). “” 750 ILCS 36/201(a) (West 2004). We must construe section 201(a) to determine whether Illinois has the necessary subject matter jurisdiction to make an initial child custody determination in this case.”
In Re Sophia GL, 890 N.E.2d 470 (Ill. 2008). “]" 750 ILCS 36/201(a) (West 2004). Andrew asserts that Indiana was not Sophia's home state when the Indiana proceedings were commenced because it is undisputed that Sophia was living in Illinois at that time; therefore, Indiana could not exercise home state jurisdiction.”
Cochran v. Lindeman, 890 N.E.2d 470 (Ill. 2008). “]” 750 ILCS 36/201(a) (West 2004). Andrew asserts that Indiana was not Sophia’s home state when the Indiana proceedings were commenced because it is undisputed that Sophia was living in Illinois at that time; therefore, Indiana could not exercise home state jurisdiction.”
In Re Ds, 840 N.E.2d 1216 (Ill. 2005). “Respondent appealed, arguing that (1) the trial court lacked subject matter jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) (750 ILCS 36/201 et seq. (West 2004)) because, at the time the wardship petition was filed, D.”
McCormick v. Robertson, 2014 IL App (4th) 140208 (Ill. App. Ct. 2014). “The court determined it did not have jurisdiction to enter the February 2010 order pursuant to section 201 of the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) (750 ILCS 36/201 (West 2010)). ¶3 On appeal, Joshua asserts the Champaign County circuit court erred…”
— 750 ILCS 36/201(a)(1) — 7 cases
In re Marriage of D.T.W., 2011 IL App (1st) 111225 (Ill. App. Ct. 2011).
In Re Marriage of Dtw & Slw, 964 N.E.2d 573 (Ill. App. Ct. 2011).
Lafferty v. Zachary-Hyden, 2023 IL App (3d) 230148-U (Ill. App. Ct. 2023).
In re Marriage of Spirer, 2021 IL App (2d) 200560-U (Ill. App. Ct. 2021).
Walker v. Tillman, 2025 IL App (1st) 242424-U (Ill. App. Ct. 2025).
— 750 ILCS 36/201(a)(2) — 9 cases
In Re Marriage of Diaz, 845 N.E.2d 935 (Ill. App. Ct. 2006). “” 750 ILCS 36/201(a) (West 2004). We must construe section 201(a) to determine whether Illinois has the necessary subject matter jurisdiction to make an initial child custody determination in this case.”
Fleckles v. Diamond, 2015 IL App (2d) 141229 (Ill. App. Ct. 2015). “” 750 ILCS 36/201 (West 2014). ¶ 34 The definition of “home state” is provided in section 102(7) of the UCCJEA: “ ‘Home state’ means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the…”
In re Marriage of Milne, 2018 IL App (2d) 180091 (Ill. App. Ct. 2018). “” 750 ILCS 36/201 (West 2016). ¶ 29 Section 102(7) of the UCCJEA contains the definition of “home state”: “ ‘Home state’ means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of…”
Fleckles v. Diamond, 2015 IL App (2d) 141229 (Ill. App. Ct. 2015). “(West 2014)), because, under that statute, Colorado, where the child was ultimately born and where defendant lived with the child, was his “home state” (750 ILCS 36/201 (West 2014); see also 750 ILCS 36/102(7) (West 2014)).”
In re Marriage of Milne, 2018 IL App (2d) 180091 (Ill. App. Ct. 2018).
— 750 ILCS 36/201(a)(2)(B) — 1 case
In re Parentage of W.C. (Ill. App. Ct. 2026).
— 750 ILCS 36/201(a)(4) — 2 cases
People v. Hollis, 828 N.E.2d 1189 (Ill. App. Ct. 2004).
In Re Ds, 828 N.E.2d 1189 (Ill. App. Ct. 2004).
— 750 ILCS 36/201(a)(l) — 2 cases
In Re Marriage of Diaz, 845 N.E.2d 935 (Ill. App. Ct. 2006). “” 750 ILCS 36/201(a) (West 2004). We must construe section 201(a) to determine whether Illinois has the necessary subject matter jurisdiction to make an initial child custody determination in this case.”
Guardianship of K.R.J. v. Jensen, 942 N.E.2d 598 (Ill. App. Ct. 2010). “See 750 ILCS 36/201(a)(l) (West 2008) (providing that an Illinois court has jurisdiction to make an initial custody determination if Illinois is the home state of the child when the proceeding is commenced).”
— 750 ILCS 36/201(b) — 2 cases
Fleckles v. Diamond, 2015 IL App (2d) 141229 (Ill. App. Ct. 2015). “” 750 ILCS 36/201 (West 2014). ¶ 34 The definition of “home state” is provided in section 102(7) of the UCCJEA: “ ‘Home state’ means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the…”
Fleckles v. Diamond, 2015 IL App (2d) 141229 (Ill. App. Ct. 2015). “(West 2014)), because, under that statute, Colorado, where the child was ultimately born and where defendant lived with the child, was his “home state” (750 ILCS 36/201 (West 2014); see also 750 ILCS 36/102(7) (West 2014)).”
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