I am a single Mom of 2 girls,age 13 and 15,I never married their Dad and we have a shared parenting agreement but I have physical custody,he just gets to be notified of medical,school desicions,etc. He has never been very active physically or emotionally in their lives to date..maybe 3-4 times a year.Within the last year and a half he has gotten married and his new wife hates the fact that I get substantial child support because it seems she has never recieved any from her ex.(Her kids are now grown) Also it came to my attention that a man I dated in 2003 molested my older daughter one night..I found this out in april of 2005 and pressed charges which are pending at this time.He is charged with 2nd degree sexual assault of a child.Anyway,for the past 2 years I have been seeing the love of my life and we are planning on getting married and in the process of buying a house.My girl who was molested is in counseling and her counselor has informed me that her Dad is planning on trying to get custody of the girls.He has called her and berated her and totally defamed my character.He even has tried to have her fired because she is out for the best interest of my child and not to help him "nail" me as an unfit mother.She has stated numerous times that she can see what a loving caring Mom I am and what a good job I have done with my kids all these years alone...with no help from him.
My main ? is he is originally from chicago Illinois but has not lived there in almost 16 years.Can he go there and get custody of my daughters from me here in Wisconsin? He is trying to use the molestation incident I think to his benefit.He even went screaming for her records today saying I was going to marry the perpurtrator of the crime.My fiance is NOT the one who did this and he knows it.PLEASE Help me with an answer.....Thanks and sorry this is so long!

I am a single Mom of 2 girls,age 13 and 15,I never married their Dad and we have a shared parenting agreement but I have physical custody,he just gets to be notified of medical,school desicions,etc. He has never been very active physically or emotionally in their lives to date..maybe 3-4 times a year.Within the last year and a half he has gotten married and his new wife hates the fact that I get substantial child support because it seems she has never recieved any from her ex.(Her kids are now grown) Also it came to my attention that a man I dated in 2003 molested my older daughter one night..I found this out in april of 2005 and pressed charges which are pending at this time.He is charged with 2nd degree sexual assault of a child.Anyway,for the past 2 years I have been seeing the love of my life and we are planning on getting married and in the process of buying a house.My girl who was molested is in counseling and her counselor has informed me that her Dad is planning on trying to get custody of the girls.He has called her and berated her and totally defamed my character.He even has tried to have her fired because she is out for the best interest of my child and not to help him "nail" me as an unfit mother.She has stated numerous times that she can see what a loving caring Mom I am and what a good job I have done with my kids all these years alone...with no help from him.
My main ? is he is originally from chicago Illinois but has not lived there in almost 16 years.Can he go there and get custody of my daughters from me here in Wisconsin? He is trying to use the molestation incident I think to his benefit.He even went screaming for her records today saying I was going to marry the perpurtrator of the crime.My fiance is NOT the one who did this and he knows it.PLEASE Help me with an answer.....Thanks and sorry this is so long!

Legally, he has the right to go to the court where the custody order is, file a motion to change venue to either where he lives or where you live, and then he can file for full custody. Of course having the right to file for custody is one thing, but actually getting a court to change custody is another thing entirely.

IF he files, the burden will be on him to prove that the kids would be better off with him, and that is NOT an easy thing to prove. Since you are no longer involved with the person who molested your daughter, have gotten her into counseling and have pressed charges, I really don't see where a court would change custody on that basis alone.

You are probably better off just ignoring what he SAYS- wait for him to actually file, which he probably won't do anyway. Good luck.
Xena :)

Usually you go to the same court where the case was origianlly heard unless the case was transferred somewhere else. If you have not done so, you should get the case transferred out of Chicago to IL where you are now a resident. Since the kids live in WI, it would be t he preferred jurisdiction. Do this asap as it may enhance your chances at fighting his challenge.

The shared parenting agreement was made in Wisconsin where we live.My kids Dad used to live in Illinois years ago and that is why I asked if there was anyway he could go back there and get custody.Right now I think he is trying to pull a bunch of BS and am waiting to see what happens next.I just wanted to be prepared.Thank you both so much for your advise and info.....