Legal Question in Family Law in Wisconsin
Can I move out of state with our children?
My children were born in different states, we're currently living in NC, however WI is my home stat & I would like to move back to WI with my children. We haven't begun a divorce yet. Can I legally move and if so, how long do I have to wait to file for divorce/custody/child support to do so in WI? My husband is emotionally abusive & has threatended me as well.
Thank you for your help.
1 Answer from Attorneys
Re: Can I move out of state with our children?
In order to file a divorce action in the state of Wisconsin you must be a resident of the state for 6 months and a resident of the county for 30 days. The residency requirement for a legal separation is 30 days. So in theory you could file a legal separation action after establishing residency in Wisconsin for 30 days.
You do not say where you were married or where the children were born or how long you have been a resident of NC. NC law may affect your ability to take the children out of that state and you should check with a family attorney in NC to be sure. Usually there is no prohibition until (unless) there is a pending family court action in NC.
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