– from Doris A. in Milwaukee, WI

Question Details:

My husband and I went through a divorce. The court gave me legal custody over our daughter. In the court’s description of legal custody was a description of full physical custody. However, the judge never used the actual terms physical custody. My ex-husband wants to take our daughter for on a month long road trip during the summer. I told him he does not have the right to. He is threatening to sue, saying I’m violating his custody rights. Can the court combine legal and physical custody when giving a ruling?

Family Law Attorney Response:

If what you’re saying is what the court exactly said, then your husband would not win a lawsuit.

In the case State v. Britzke, 108 Wis.2d 675, 324 N.W.2d (Ct. App. 1982)(Affirmed by 110 Wis.2d 728, 329 N.W.2d 207 (1983)), the court of appeals ruled that courts have the discretion to combine or separate physical and legal custody. Courts also do need to know whether a parent has knowledge of legal custody transferring, but only of the order sent in place. Failing to know is not a defense.

Click here to learn about changing child custody visitation.

I would like to know more details about the judge’s ruling and what the order actually says. Give me a call so we can prepare the potential suit against you.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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