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Ex-spouse getting placement and removing the children out of state?

Madison, WI |

My spouse and I had been divorce almost 4 years. It was a very friendly divorce and we both agreed to share custody with our two children since we live in the same town. We both get along well and share responsibility. I am now remarried with a wonderful woman. After 1 and half years of running around partying and clubbing with bad relationship. My ex- now decided to move back home to her parents and take the children with her. In order to get custody she now come up with allegations of abuse, sexually abuse, force, etc, pretty much everything in the book after nearly two years of divorce. It seems that her case didn’t go anywhere but to put the fire out I had agreed that she has “the right to petition the court for review of the primary placement as to the children without any showings of

substantial change in circumstances” with a two years period. I have 75% placement and a good living situation and school with the children. So my question is what is her chance of taking the children out of state after the two periods agreement?

Attorney Answers 2

Posted

Change of circumstance is a little heavier burden that change of status quo. By that I mean the court is less likely to change 75% placement when they will stay in the same school, then pulling them out of their status quo and sending them far away. She will have to prove it is in the better interest of the children to move them. That is a lot for her to do this late in the season.

So, I don't think she will do very well in court.

With children it is always better to hire an attorney, especially if she has one. You can get waled over pretty bad otherwise. Please seek counsel.
Good Luck.

WALWORTH, ROCK and JEFFERSON County Divorce/Family Law Attorney - Atty Richard Missimer does answer questions on Avvo strictly to be helpful but these do not constitute legal advice. These answers do not establish an attorney/client relationship. If you would like my help and are within my practice area, contact me at (262)565-8200 for a FREE CONSULTATION.

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Asker

Posted

thank you .... comments was very helpful...

Posted

This is not the proper forum to answer such a complex question. We cannot evaluate a case on here. You need to go in and consult with a local custody lawyer. That lawyer can ask you in person all the necessary information.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about. Remember that it is the Lawyer who:  Punishes the wicked, Protects the innocent, Raises up the lowly, Opposes brutality and injustice, Seeks equality of humanity regardless of color, cast, sex or religion, Leads in every cause, and Seeks the best in everything.

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Asker

Posted

thank you. I am just looking for general idea...

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Not enough information to give you even a general idea. custody is very complex

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