wcoop
New
Reged: 10/10/08
Posts: 17
Loc: WI
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I am about to start divorce proceedings (well, he is). We moved our family (our 3 kids) to WI from NY where my entire family and support network is so that he would be happy with his job.
Then 3 months later, he told me he is done trying to make the marriage work. Well, I am considering moving back to NY for my sanity and support. I am a stay at home Mom and naturally, the kids would come with me. We would set up a frequent visiting plan so they would still know him.
He has casually agreed that this might work for us. Does anyone know about the laws and the timing of when I can do this? Is it different by state? I'm in WI which is a no-fault state, from what I understand.
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Jada
Platinum
Reged: 06/02/07
Posts: 3463
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I wouldn't take it as a given that you will be able to take the kids with you when you move, especially if he decides to fight it.
I would consult with an attorney and look-up the long-distance parenting plan of the state that has jurisdiction (an attorney would be able to help you determine which state has jurisdiction).
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FriendlyShldrs
Bronze
Reged: 05/06/07
Posts: 39
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Per Wisconsin statutes, a divorce can only happen if one party in the divorce has lived in the state 6 months. If you both moved there from NY and you haven't lived there 6 months, then the divorce won't happen until you hit that 6 month period.
You also have to have been a county resident for 30 days.
Last but definitely not least, this paragraph is taken directly from the site that I found the above information. "The one factor that has become increasingly important, and deservedly so, is: "Whether one party is likely to unreasonably interfere with the child's continuing relationship with the other party." Bitterness, that can border on hatred, is not only common in a divorce, but understandable. But regardless of how bad a relationship between the two parents is, it is virtually guaranteed to make the transition for the children infinitely worse, if the parents try to prejudice the children against the other parent. Nothing angers judges and guardian ad litems more than badmouthing of the other parent to a child. Don't do it, don't do it, don't do it. It is bad for the child, and almost fatal to chances of prevailing in a custody fight."
http://wis-law.com/commencement.html is where you should go to get general information. It also has links to the exact statutes regarding divorce, custody, and child support. Good luck.
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wcoop
New
Reged: 10/10/08
Posts: 17
Loc: WI
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Thank you for taking the time to find that info! That has helped a lot!
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