QUESTION

wife says she is leaving me. wants me to move out or she is taking the kids out of state and living with her parents what are my options

Asked on Dec 04th, 2016 on Divorce - Wisconsin
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
If your spouse is threatening you with divorce and/or the removal of the children, you are well advised to consider beating her to the punch by filing a  family law action, such as  divorce or legal separation. By doing so, you will be triggering the state law in Wisconsin that prohibits the removal of the children from the state or moving them within the state more than 150 miles from the other parent. Right now, she can do whatever she wants. Once you file and she gets served, the prohibition applies during the divorce and after the divorce, unless the court holds a hearing and allows the move. There are also jurisdictional concerns under the uniform child custody act. "Home state" jurisdiction is determined under the UCCJEA, where the children have been residing during the last 6 months. If she moves out of state and is gone for 6  straight months, the state that she moves to could become "the home state," and force you to litigate the issues of custody of your children in a foreign state. You should consider sitting down with an experienced family lawyer as soon as possible to discuss your rights and what you need to do to protect yourself and your children.
Answered on Dec 05th, 2016 at 6:54 AM

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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