My daughter moved to another state with her mother in 2011. I was not in WI at the timeso I sent my objection via certified mail to the judge.She left anyway. At the time, her mom was remarried, and because of my absence in my her life, I just let it be thinking it was best for my daughter.I am reconnected with my daughter, she is very unhappy, and would like to live with my wife and our family back in WI. She has voiced this to her mom (age 13) and she has been told "absolutely not". Is this possible? Possible barriers: I have had some legal problems, not violent crimes, but theft in 2008, destruction of property - which I am in court for currently from damage done at a rental property, and I owe child support.It would be best for my daughter- as my ex has had multiple men living with her (Averaging about 1 per year, most recently moved a man in within 3 weeks of dating) And my daughter "Does not need to be around that" in her words.Her last boyfriend which was less than a year ago choked my ex in front of my daughter, and set my daughter's dance costume on fire 2 days before her performance. Even after that she has not learned.
You most likely would need to file your motion or petition for modification of custody (placement of your child) in the state where the mother and your child are now residing, not Wisconsin. If everyone left the state in 2011, Wisconsin would no longer have exclusive and continuing jurisdiction under the UCCJEA. You should also be aware, at least under Wisconsin law, that a child does not get to decide where they want to live or how much time they want to spend with the other parent. The wishes of the child is simply a consideration that the court must consider when deciding custody, among many factors for a court to consider. Depending on what state your ex and child are in, you are well advised to consult with a family lawyer in that state to advise you of what the laws are, and what your chances might be.
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