In re Sophia G.L.

State: Illinois

Docket No: 104603 Rel

Case Date: 05/22/2008

Preview:Docket No. 104603.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

In re SOPHIA G.L., a Minor (Andrew Cochran et al., Appellants, v. John Lindeman et al., Appellees). Opinion filed May 22, 2008.

JUSTICE FITZGERALD delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Freeman, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION This case involves a custody dispute between the parents and grandparents of a minor, Sophia G.L. It also involves a dispute over jurisdiction of the custody matter between two states, Illinois and Indiana. The question before this court is whether, under the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) (750 ILCS 36/101 through 403 (West 2004)), Illinois should register the Indiana child-custody determination awarding Sophia's grandparents temporary custody. The circuit court of Greene County denied the petition to register. The appellate court reversed and remanded. 371 Ill. App. 3d 833. For the reasons that follow, we reverse the judgment of the appellate court.

BACKGROUND Sophia G.L. was born in Indiana on September 14, 2005, to then 22-year-old Alexis Lindeman. Alexis was unmarried. When Sophia was 10 days old, she and Alexis moved into the Indiana home of the appellees, Alexis' father, John Lindeman, and stepmother, Yvonne Lindeman. Alexis and Sophia remained in the Lindemans' home for six months. On March 30, 2006, Alexis and Sophia moved to Illinois to live with Andrew Cochran, Sophia's father. Shortly thereafter, on April 4, 2006, the Lindemans filed a verified emergency petition for custody of Sophia in the Circuit Court of Hendricks County, Indiana. In that petition, the Lindemans alleged that Alexis was incapable of caring for Sophia and that they were Sophia's de facto custodians under Indiana law (Ind. Code Ann.

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