Legal Question in Family Law in Wisconsin

child custody

My boyfriend and I have lived together for 2 years and we have a son together. He hasn't had a job in 2 years, has no money, drinks everyday, and has become verbally abusive to the point where I* want to take my son and move back home to my family in South Carolina. There has never been a custody agreement, but his name is on our son's birth certificate. He has threatend to have me arrested for kidnapping if I move with our son, even though he has no way of supporting him. Am I able to leave with my son? What should I do, especially if he does call the police the day I move my things?


Asked on 1/05/08, 2:40 pm

1 Answer from Attorneys
Jeffrey Murrell Law Office of Jeffrey L. Murrell

Re: child custody

You're not "kidnapping" the child if you tell the child's father where you've moved to and allow him remain in contact with the child. However, you should seek to establish his paternity with a formal court order. You would be able to ask for primary physical placement of the child with you, as well as seek an order that the child's father pay you child support in court process.

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Answered on 1/05/08, 2:55 pm


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