Legal Question in Family Law in Wisconsin

Out of State Shopping Trip

I am divorced and my ex-husband and I share 50/50 joint physical custody of our two minor children. I live near Madison WI and I wanted to take my kids on a weekend shopping trip to Chicago during their time with me. My ex called to inform me that doing this is considered a felony and that I can go to jail for doing so without his permission. Is this true? And what is the law with regards to this issue? Thank you!


Asked on 7/09/07, 11:46 am

1 Answer from Attorneys
Thomas Olson David F. Gram & Associates, LLC

Re: Out of State Shopping Trip

If you read your marital settlement agreement, I'm confident that you will find a provision substantially as follows:

Neither party shall remove the minor child(ren) from the state of Wisconsin for a period of time exceeding 90 consecutive days nor establish legal residence for any minor child outside the state of Wisconsin or within the state at a distance of 150 miles or more from the other party without first giving at least 60 days� notice to the other party to allow for objection. Further, neither party shall interfere with the custody of a child or the parental rights of the other parent as stated in Wis. Stat. � 948.31.

So long as there isn't some special provision in your divorce decree and you are not interfering with the children's father's placement rights you are not violating any law.

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Answered on 7/09/07, 2:59 pm


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