My former spouse want to take my kids out of state to join her and her new husband after two years period. She is going to play the Jodi Arias card.
My spouse and I had been divorce for two years. It was a very friendly divorce and we agreed to share custody with our two children since we live in the same town. We both get along well and share reasonability. After 1 and half years of running around partying and clubbing. All my spouse's relationship ended up as a bad relationship. I am now remarried with a wonderful woman. My ex- now decided to move back home to her parents and take the children with her. In order to get custody she play the "Jodi Arias's card of abuse, sexually abuse, force, etc…with everything in the book after our divorce. It seems that her case didn’t go anywhere so at the end we 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 with a good living situation and school with the children. So my question is what is her chance of taking the children out of state?
Family Law Attorney
She wants to play the what card now?
The only question you seem to be asking is, what are the chances that your ex-spouse will succeed in a relocation case? Unfortunately, it is often quite meaningless to guess chances on the outcome of a court proceeding. There are two reasons for this.
First, we don't know enough about the case. All we know is what you've written here - which isn't much detail - and presumably, the other person involved would give a very different version of events than you would. A judge hearing a case hears both sides, and tries to give equal weight to both. The less information one has about a case, the harder it is to predict what will happen - and all we know here is what you've written.
Second - single-event probabilities are arguably logically meaningless. Consider this: Suppose I said you have a 75% chance of winning the case. Would you feel reassured? And, suppose I said that, and you lost. Would I have been wrong? Probabilities are meaningful only when you are considering a lot of similar events - but legal cases are all so different that it's hard to draw valid comparisons.
To best increase your chances in a court case, you should consult in private with an attorney in your area. I realize that isn't the most helpful advice, but I do believe it's the best.
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Family Law Attorney
The chances are just that chances. One improves his chances of having the children stay here when here is the status quo. The court loves status quo. So, if you were (let's say) currently a 50/50 placement spouse that is living in the same school district, and staying on top of their school, freinds and activities (as is she), then there is a relatively low chance that her moving would cause the court to change the statuts quo. On the otherhand, if you live 100 miles away, and only see the kids once a month for a long weekend, and she can prove that they will have a better living arrangement and more money to provide them things if she moves to Indiana, and she will pay to cover the increased visitation costs then she is out of here.
It is really hard to expect to keep children in Wisconsin if they are mostly with mom, and she would do better for them somewhere else.
You should consult with a local attorney and layout ALL the cards to get a better outcome estimate of your chances. I do wish you 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.
Divorce / Separation Lawyer
First, your ex-spouse must follow the notice requirements under Wisconsin’s applicable statute (Wis. Stat. Section 767.481). She is required to give you, and the court 60 days notice of her intent to move out of state--or even within the state if it will be more than 150 miles away from you. This must be mailed to you by certified mail. After you receive her notice, you then have the right to object to any prospective move within a 15 day window. If your objection to the move is received by your ex-spouse within 20 days after she sent the notice to you, she will not be allowed to move until the matter is resolved in court. It is very important for the procedure to be followed correctly, or she may end up moving despite your objection. The court will then refer you and your ex-spouse for mediation on the issue. If mediation does not resolve the issue, then the matter will proceed to a hearing. In order to approve the move, the court will have to find: 1) the proposed modification is in the child’s best interests; and 2) that the move will result in a substantial change of the last custody and placement order in the case. Very important for you to note is that there is a rebuttable presumption that continuing the placement order with the parent who has the child more of the time is in the child’s best interest. Also, if economics or changed marital status are the reasons for the proposed move, the legal requirements for the move will not be met. In Milwaukee County, if the matter is not resolved in mediation and continues to be contested, the court will appoint a guardian ad litem (an attorney for the child) to investigate and make recommendations as to what should occur. From what I have reviewed of your inquiry, if the negative allegations against you are without merit, you should have a very good chance of keeping the existing placement arrangement in place.