Can I file a custody claim on my ex who moved to Wisconsin? | Sterling Law Offices, S.C. global $post;
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– from Anne R. in Brown Deer, WI

Question Details:

My ex-husband and I filed for divorce in Colorado. The trial court awarded him custody. I then moved to Wisconsin as my ex-husband smoked marijuana based off Colorado allowing it. However, he moved to Wisconsin for a business opportunity. Can I file a custody claim now that he moved and argue he is doing illegal drugs, causing an unsafe environment that I wish my children are not exposed to?

Family Law Attorney Response:

I would like to discuss the details of your current custody arrangement in detail. I feel there is an argument to be made, but many more details and preparation would be needed.

In the case of Weidner v. W.G.N. (In re Paternity of B.W.S.) 125 Wis.2d 212, 371 N.W.2d 379 (Ct. App. 1985), a mother filed a paternity case in Wisconsin after she believed the Michigan law was unconstitutional. The Wisconsin court agreed with her and ruled if another state makes a ruling on a case based off a statute and that statute is deemed unconstitutional, the original ruling based off that statute can and should be modified, and the original ruling should not receive full faith and credit.

This can relate to your potential case. Call me to set up a consultation.


Dan Exner, J.D.

Family Law Attorney

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