Will a WI court consider another state's original custody ruling? | Sterling Law Offices, S.C. Will a WI court consider another state's original custody ruling? | Sterling Law Offices, S.C. global $post;
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– from Linda X. in Germantown, WI

Question Details:

My husband and I filed for divorce in Illinois. During the divorce, I won custody of our child. My ex-husband moved to Wisconsin for a business opportunity. I remarried and now we are moving to Wisconsin. My ex-husband wants joint custody of our son, but I don’t think it’s in our son’s best interest. My husband plans on filing a custody hearing. Will Wisconsin look at the original ruling or make a new custody decision?

Family Law Attorney Response:

Thank you for your question. The Wisconsin court will look at the original custody ruling.

Click here to learn more about temporary custody for your children.

In the case Thompson v. Thompson, 129 Wis.2d 348, 384 N.W.2d 713 (Ct. App. 1986), an issue over hearings in different states came up. The courts discussed this matter and decided if an action occurs in a different state, the current state where the action stands must look at the past award and decision of the dispute. Initial custody actions do not occur again. States must also look at modifications only if there is substantial evidence showing a change of custody is in the best interest of the child.

If you are looking for a family attorney in Wisconsin to represent you in this case, give me a call.

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