QUESTION

Abandoned child ?

Asked on May 01st, 2016 on Divorce - Wisconsin
More details to this question:
Want a divorce I want to leave my wife immediately we have a 2 year old. If I leave before we start legal help will it be considered abandoned?
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
In Wisconsin, there is no such thing under the family law (civil code) as "abandonment." Wisconsin is  a "no fault" state and the court cannot consider the reasons why someone wants a divorce or what went on during the marriage as a basis for the divorce. However, if you plan to move out and away from your child, be prepared that depending on how long you two are separated, it could affect your placement in the future with your child. If you plan to move out and immediately file for divorce, you should be o.k., but if you or your wife wait for years to file and she is going to primarily be taking care of the child, it is possible once the case does get filed, that she winds up with primary placement; so that is the cautionary note I want to leave with you.
Answered on May 03rd, 2016 at 3:23 PM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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