– from Marie R. in Oak Creek, WI

Question Details:

I currently have full custody and placement of my son. His dad has certain visitation rights currently, but he's thinking about moving out of the state. If he moves, he still expects to have the same visitation rights. Is it possible for me to ask the court to keep the visitations to Wisconsin, as I want to ensure the protection of my son?

Family Law Attorney Response:

If you feel it is not in the best interest of the child to go out of state, then there is a strong chance the courts will modify the visitation rights.

Learn more about what affects visitation rights here. 

Limiting visitation rights was discussed in the case G.R.S. v. J.R.G. (In re Custody of L.J.G.), 141 Wis.2d 503, 415 N.W.2d 564 (Ct. App. 1987). In this case, the courts ruled that noncustodial parents can make certain visitation requests, but the court has the authority to limit visits to a particular geographic area. Visitation privileges, like custodial rights themselves, exist to promote the best interests of the child. That standard applies to the determination of what is reasonable visitation in a given case.

If you have anymore questions, give me a call.

Dan Exner, J.D.

Family Law Attorney

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