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Married couple with wife taking child out of state Wisconsin

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  • Married couple with wife taking child out of state Wisconsin

    I live in Wisconsin. My uncle is 4o and his wife 42, is having his first child, her 4th, all with different fathers. He is sooo excited. We think she's planning to leave back to Wyoming, where they originally came from with the baby after its born in a week. She said if she died in child birth, she wants her sister to have the baby. She also said she is taking the baby to visit in Wyoming after its born and doesn't want him with. They are married. Can she leave for a long period of time and not come back, or will the court make her come back with the child to figure child custody after she has left if he files for divorce?

  • #2
    Originally posted by madeli12 View Post
    I live in Wisconsin. My uncle is 4o and his wife 42, is having his first child, her 4th, all with different fathers. He is sooo excited. We think she's planning to leave back to Wyoming, where they originally came from with the baby after its born in a week. She said if she died in child birth, she wants her sister to have the baby. She also said she is taking the baby to visit in Wyoming after its born and doesn't want him with. They are married. Can she leave for a long period of time and not come back, or will the court make her come back with the child to figure child custody after she has left if he files for divorce?
    I'm not real sure about Wiscinsin, but in most states married parents have equal custody of thier children. Which means that if one parent takes the child away, the other parent can file an emergency motion to have the child returned. Your uncle should get a consult with a family law attorney now so that he'll know what to do if needed.

    Unless it can be proven that your uncle is unfit, if the mother dies he will automatically have sole custody- his wife cannot "will" his child to anyone else.

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    • #3
      That makes sense, but what do you do once she leaves, what if she establishes residency in Wyoming. I mean, by the time some of these things come into action, she might meet residency requirements there. He would never be proven unfit, this isn't some strange, dirtball misfit family, she's really religious, just wierd. She said today she is planning to give this child to her sister in Wyoming. All the better in my opinion because then she just gave her child away and he can have her.

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      • #4
        She cannot give his child away.

        If he believes that moving away would endanger the child or his relationship with the child, your uncle should go to court and have the judge stop her from going.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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        • #5
          Originally posted by madeli12 View Post
          That makes sense, but what do you do once she leaves, what if she establishes residency in Wyoming. I mean, by the time some of these things come into action, she might meet residency requirements there. He would never be proven unfit, this isn't some strange, dirtball misfit family, she's really religious, just wierd. She said today she is planning to give this child to her sister in Wyoming. All the better in my opinion because then she just gave her child away and he can have her.
          The minute he becomes aware that she is not returning, he needs to file in their home state (if he doesn't file before then. There is nothing stopping him from filing for divorce whether she has any intention of returning or not). She will not be able to establish residency just by setting up house in Wyoming. She will also have to be there for at least 6 months before the Wyoming court would have any jurisidiction. (And just to ease your mind, SHE won't be able to file in Wyoming for 6 months either, if her intention is to beat him to the punch.)

          You are correct that she cannot give the child to ANYBODY without his consent. Hey, at least he is dealing with someone that has no clue what she can and cannot legally do, either.
          HOOK 'EM HORNS!!!
          How do you catch a very rare rabbit?
          (unique up on him)
          How do catch an ordinary rabbit?
          (same way)

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