– from Bruce X. in Richfield, WI

Question Details:

When we divorced, my wife and I agreed to a stipulation that gave us joint custody. She would have physical custody and I would have reasonable visitations. Now she is trying to move out of Wisconsin. That would directly go against our stipulation. Can she take our child out of state?

Family Law Attorney Response:

I would need more detail in order to give you a best case scenario, but from what you have stated about your child custody case, she just might be able to.

To clarify, I will cite the case of Bohms v. Bohms 140 Wis. 2d 529, 410 N.W.2d 658 (Ct. App. 1987)(Modified and affirmed by 144 Wis. 2d 490, 424 N.W.2d 408 (1988)). In this case, when the mother attempted to move the child to Colorado, the father moved the court to award him the physical custody of the child, or to bar the mother from moving. His motion was granted to change physical custody. The mother appealed, and the court of appeals reversed the decision. This is only one scenario, however. Yours will be decided based on its own merits.

My advice is to contact a lawyer for representation before moving forward.

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

Managing Partner

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