What happens if my soon to be ex husband does not show up to court?
Asked on Aug 03rd, 2016 on Child Custody - Wisconsin
More details to this question:
I have my final divorce hearing in 2 weeks and if my soon to be ex husband does not show up, will they grant me what I am asking for in custody arrangements? Also, he is facing burglary charges for breaking into my house a few days ago, if convicted, will I automatically get full custody? What happens if he is in prison and I want to move out of state, do I still need his permission?
if you properly had him served and he fails to show up for your final court hearing, the court can proceed with the divorce and grant your request for custody and other issues such as support and property division; if you did not properly serve him, the court may adjourn the hearing and require that you do serve him, so he has proper notice of the hearing.
The answer to your other question is yes; in Wisconsin you cannot move out of state or more than 150 miles within the state, without first providing him with 60 days advance written notice of your intention to move and providing a copy to the court. The notice must also advise him of his right to object within 15 days. If he objects, you cannot move until a court hearing is held to determine if the move should be allowed or not.
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