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The Baez Law Firm

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Monday, April 30, 2012

Sample Brief on Motion to Reconsider filed by our San Antonio Family Lawyers

MOTION TO RECONSIDER RESPONDENT’S PLEA TO THE JURISDICTION

This Motion to Reconsider Respondent’s Plea to the Jurisdiction is brought by PARTY, Respondent, who shows in support:

1. On DATE, this Court heard Respondent’s Plea to the Jurisdiction which was entered and signed on DATE.

(A) This Court Ruled that Respondent’s Plea to the Jurisdiction was denied but it further ordered that when certified copies of pleadings from the Mexican Tribunal

        (1) a court of this State determines that neither the child, the child’s parents,(emphasis added) and any person acting as a parent do not have a significant connection with this State and that substantial evidence is no longer available in this State concerning the child’s care, protection, training, and personal relationship; or

         (2) a court of this State or a court of another state determines that the child, the child’s parents, (emphasis added) and any person acting as a parent do not presently reside in this State."

2. The child, the subject of the suit resides in Texas and has resided in Texas for the past four years. Respondent (one of the parents of the child) resides in Texas, and has never resided in Illinois. Substantial evidence is no longer available in this State concerning the child’s care, protection, training, and personal relationship. The State that has substantial evidence concerning the child’s care, protection, training and relationship is Texas, not Illinois. The child goes to school in Texas. The child’s friends are in Texas. The child’s family is in Texas. The child’s child support is monitored by Texas.

3. Respondent is not amendable to process in this State pursuant 735 ILCS 5/2-213 (b). Respondent has not waived his objection that "defendant who waives service of a summons in the manner provided in subsection (a) does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant." Moreover, Respondent has not submitted himself to this States jurisdiction pursuant 735 ILCS 5/2-209, since none of the grounds to exercise jurisdiction over him are present.

Respondent prays that: (1) the Clerk set this matter for hearing, (2) the Court dismiss this case without prejudice as provided for by 750 ILCS 22/204(b), 735 ILCS 5/2-209, 750 ILC 36/101 ,and 735 ILCS 5/2-213 (b).

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