QUESTION
If I am married and my wife wants to take my child out of state, does she have the right to?
Asked on Apr 23rd, 2015 on Divorce - Wisconsin
More details to this question:
She is getting ready to file for divorce. She says she will move regardless and file in Wisconsin. What are my rights? How do I get custody of my child and prevent her from taking the kids out of state?
3 ANSWERS
The only way to prevent it is to file first in Illinois. Upon the filing she is barred from moving out of state.
Answered on Apr 28th, 2015 at 9:46 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You need to file for divorce immediately. Request a temporary order requesting an order that the children cannot be removed from the court's jurisdiction.
Answered on Apr 28th, 2015 at 9:45 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You could start an action in family court to restrain her from taking the child(ren) out of state. Consult an experienced family law attorney. You may have to start a divorce actions to accomplish this. Again, your own lawyer can give you the best counsel. Good Luck.
Answered on Apr 28th, 2015 at 2:33 AM