– from Daniel Z. in Merton, WI

Question Details:

My wife and I divorced about a year ago. She was given custody of our three girls. I was awarded weekly visitation. Everything was working out great, but now she wants to take the children out of state. I refuse to allow this because it will affect my ability to see my girls. Can she take my daughters out of state?

Family Law Attorney Response:

I understand that this is a very difficult situation. Without knowing all the circumstances and the precise wording of the original order, I cannot give you a yes or no answer.

Learn more about what affect child visitation rights here. 

There are many components that the court will consider before making a final decision and there are several ways this could play out. In the case of Long v. Long 127 Wis. 2d 521, 381 N.W.2d 350 (1986), a similar situation was presented to the courts. The circuit court denied the motion of the mother to leave state, and denied the motion of the father for a change of custody. The mother appealed, and the court of appeals affirmed. The supreme court was then petitioned for further review, where they reversed the decision. They found that the mother, as legal guardian, had the right to choose for her family unit. Your situation will depend on the circumstances of your case.

My advice is to seek the help of an experienced family law attorney right away to discuss your child custody case.

Dan Exner, J.D.

Family Law Attorney

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