Wisconsin Joint Petition By Custodial Parent and Non-Custodial Parent for Modification of Visitation Rights Allowing Removal of Child from State

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Multi-State
Control #:
US-01814BG
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Word; 
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Description

This form is a generic petition and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

You can't do this unilaterally. If you need to or wish to move out of the state of Wisconsin, and more than a 100 miles away from the other parent, you'll need to file a motion with the court. You will need to demonstrate how your child's relationship with the other parent and placement will be maintained.

You can legally stop your ex-spouse from moving by seeking a court order, and your lawyers can help you. Besides, your ex-spouse should at least consult you before moving because it concerns the child.

In such instances the father may need to apply for a prohibited steps order or a specific issue order to stop the mother taking the child away. In such instances if a mother takes a child away without the fathers consent following an objection being raised then the mother may be guilty of child abduction.

There is no law prohibiting a parent with joint legal custody and physical placement from taking a child outside the state, including to a foreign country, for less than 90 days.

Punishments. Under Wisconsin Statute 940.31, parental kidnapping is a Class C felony punishable by up to 40 years in prison and up to $100,000 in fines.

Some of the most common dirty tricks used in child custody battles include: Making false accusations of abuse or neglect. This is a serious allegation that can have devastating consequences for the accused parent. Spreading rumors and lies about the other parent.

If the parents have joint physical custody, it's more likely that the judge would rule against the move unless the mother can prove it's in the child's best interests. If there isn't a permanent custody order in place, the judge will decide based solely on the child's best interests.

You can't do this unilaterally. If you need to or wish to move out of the state of Wisconsin, and more than a 100 miles away from the other parent, you'll need to file a motion with the court. You will need to demonstrate how your child's relationship with the other parent and placement will be maintained.

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Wisconsin Joint Petition By Custodial Parent and Non-Custodial Parent for Modification of Visitation Rights Allowing Removal of Child from State