QUESTION
What can I do about custodial rights in Wisconsin?
Asked on Jan 09th, 2013 on Family Law - Wisconsin
More details to this question:
My daughter is moving from Wisconsin to Florida with her three young sons. The boys father found out and is threatening to have my daughter arrested if she leaves the state. The father has no job, has been arrested numerous times for failure to pay court-ordered child support, drug possession, and other offenses. My daughter and the father were never married. There has never been any legal assignment of custodial rights even though the boys have been living solely with her for several years. He has not expressed interest in seeing the boys and we don't even know where he lives.
2 ANSWERS
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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If a Court has established rights and ordered that the father have placement/visitation with one of the 3 children, then yes your daughter would need to provide legal notice to the father of her intent to move. If a Court has not established orders regarding visitation/placement with either of the 3 children then your daughter would not need give notice to the father that she is moving.
Answered on Jan 10th, 2013 at 10:37 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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If there has never been a court order, your daughter has sole legal custody. He cannot have her arrested, he has no grounds.
Answered on Jan 10th, 2013 at 10:34 AM