State of birth key factor in custody case

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted September 4, 2015 1:32 PM

Before Danielle Diamond’s baby was born, James Fleckles petitioned in DuPage County for a declaration of paternity and joint custody/visitation rights, as authorized before birth by the Illinois Parentage Act of 1984.But Diamond responded by saying she moved to Colorado and was now a Colorado resident. And when the child was born in the Rocky Mountain state, Diamond moved to dismiss the Illinois case, arguing Colorado was the infant’s “home state” under Section 201 of the Uniform Child-Custody …

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