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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?

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Best Answer

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.



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


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.

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

Peggy M. Raddatz

Peggy M. Raddatz


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

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