Legal Question: Custody battles!

[Admiral Yi]

Seems it's a bit more specific than that.  As I read it, she'd not only have to tell him she's taking the child out of state, but also exactly where they're going, and she would have to do so before she's even served with divorce papers, not just before there's a custody order.

Reread clause b and I agree with you.

[mongers]

If she moves without her husband's or the court's consent,  she could actually be seen as trying to cause an undue burden on her husband's relationship with his daughter. That could end very badly for her.  Better to get permission in this case.

Merry!!! ,  Welcome Back.

How are you doing?

[Ideologue]

Seems to me based on what Ide posted that she can take the kid to Missouri before there's a custody order, as long as she tells the dude.

Seems it's a bit more specific than that.  As I read it, she'd not only have to tell him she's taking the child out of state, but also exactly where they're going, and she would have to do so before she's even served with divorce papers, not just before there's a custody order.

Yes, I suspect that in addition to generally protecting the rights of the other parent, it's also to prevent people from deliberately trying to get a jump on the courts and avoiding process service.

[merithyn]

If she moves without her husband's or the court's consent,  she could actually be seen as trying to cause an undue burden on her husband's relationship with his daughter. That could end very badly for her.  Better to get permission in this case.

Merry!!! ,  Welcome Back.

How are you doing?

Mongers!

I'm good! Still popping in every now and then to make sure everyone's okay. How are you doing?

[merithyn]

Raz, the thing to remember is that in custody disputes - especially when both parents want full custody or 50/50 visitation - the way they act before an agreement is in affect is important to how the judge will rule. If at any point it seems like your sister is trying to prevent her ex from having any visitation, the judge will see that as a problem, and could rule in favor of the ex having full custody. It's not just about the law. It's also about making sure that the judge sees you as cooperating and being willing to co-parent.

At least, that's been my experience. Wisconsin may be entirely different. But it strikes me as a wise move regardless.

[Admiral Yi]

Hold on, takes backs.

Seems that *before* she's served with divorce papers, this law doesn't apply, except clause a.

[LaCroix]

i'm not an attorney, and i don't know wisconsin law, but one thing to consider - from a third party's perspective, is it in the daughter's best interest to move to missouri and live in the raz household? if the current household is stable enough and there's no abuse, the mom might want to stay and use this time to find a job and figure out how she can best take care of her daughter on a permanent basis.

[mongers]

If she moves without her husband's or the court's consent,  she could actually be seen as trying to cause an undue burden on her husband's relationship with his daughter. That could end very badly for her.  Better to get permission in this case.

Merry!!! ,  Welcome Back.

How are you doing?

Mongers!

I'm good! Still popping in every now and then to make sure everyone's okay. How are you doing?

Oh Glad to hear it. 

I'm doing OK, I'm surviving, all in all not at all bad; the landscape keeps me sane, just about.   

[dps]

The bottom line is, Raz's sister needs to get legal advice from an attorney who is licensed to practice in Wisconsin, and who specializes in family law.

[Razgovory]

The bottom line is, Raz's sister needs to get legal advice from an attorney who is licensed to practice in Wisconsin, and who specializes in family law.

She is going to a community college, and I suggested that she see if they have on campus legal services.  Someone who can explain who she needs to talk to and hire.


Some things to note:  She has no job, and she doesn't know how to drive.  The relationship is not abusive as far as I know, hubby pretty much said that the whole situation was too much stress for him and he wants a divorce.  Then he walked out the door.  That was several days ago.  He promised to come back this evening to discuss things further.  So right now she's at her home with her daughter.

[merithyn]

Sounds like it's time she learned how to drive.

[Monoriu]

Sounds like it's time she learned how to drive.

And to get a job. 

[Caliga]

Making yourself wholly dependent on other people isn't a very good idea.

[Razgovory]

Very true.

[Caliga]

Now probably isn't the time to enlighten her about that, though... or you may not need to as she hopefully has just learned it by experience.