Can you file for transfer of custody with limited visitation in Wisconsin? | Sterling Law Offices, S.C. global $post;
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– from Ashley O. in Hales Corners, WI

Question Details:

My ex-husband has limited visitation rights to our children. He is allowed to have them for one week every three months. My kids went to visit him in Arkansas and decided to file for a transfer of custody in Arkansas. My children and I currently live in Hales Corners and have for eight years.

Family Law Attorney Response:

First off, I am sorry for your current situation. From these details, it seems like your ex-husband does not have the jurisdiction.

Click here to learn about changing child custody visitation.

In the case of Dragoo v. Dragoo 99 Wis.2d 42, 298 N.W.2d 231 (Ct. App. 1980), a mother filed for transfer of custody while her kids visited her during a summer (the summer was the only time she had visitation rights). While she argued for the jurisdiction to be proper and the custody should be switched, the court ruled jurisdiction cannot be obtained when breaking visitation rules set by the court.

I hope this answers your question. If you have further questions please give me a call.

Dan Exner, J.D.

Family Law Attorney

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