Legal Question in Family Law in Wisconsin

How to win child custody

My 15 yr old daugther has been living with her dad, who has temp custody, for the past 5 years. They now live in Huntington, IN. She has been wanting to move back to WI for a few years now but he refuses to let her. What are the steps I need to take in order to help her move back home?


Asked on 4/05/98, 9:27 am

1 Answer from Attorneys

Jonathan Schiff Self employed

mom wants daughter back

What you probably need to do is file a motion to modify the custody status. It would be preferrable to have a lawyer do this although you could legally do it yourself. It means filing papers with the Court clerk asking for a hearing to change custody back to you.There would be a hearing after notice was sent to your ex-husband.

Some states allow minors of a certain age to choose the parent they wish to live with baring a judge finding it is contrary to the child's best interest. I don't know what the position of your home is (I am assuming you were divorced in the state you are residing in. But certainly any court is going to consider the wishes of a 15 year-old very seriously. the thing is that it can only be done through a court and that generally means a hearing which your ex might contest.

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Answered on 4/16/98, 10:33 pm


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