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Relocating with a Child after a Divorce or Paternity Judgment

The State of Wisconsin has recently updated its laws and procedures regarding how a parent is to obtain a court’s approval to relocate with a child that is subject to an order granting periods of physical placement to both parents, as well as the procedures that a parent opposing such a move will have to follow. The new procedures are outlined in Wisconsin Statutes Section 767.481, and important features of the new law include:

-A moving parent must now seek court approval by filing a motion to move a child more than 100 miles from the other parent, rather than 150 miles as the law had been previously written (unless the parents already live more than 100 miles apart). This distance threshold applies whether or not the moving parent is moving out of state with the child.

-A parent objecting to a proposed move must file and serve, at least 5 days in advance of the initial hearing, an objection to the proposal and any alternate proposal that he or she may have.

-The court will schedule an initial hearing within 30 days after the motion has been filed. If a parent is objecting to the proposed move, the parents will likely be referred to mediation, and a guardian ad litem will be appointed by the court to conduct an investigation if the parents still cannot agree after the mediation process. A final hearing on the matter will then be held within 60 days, and the court may issue a temporary order to allow a child to be moved pending the final hearing if the court determines that the move is in a child’s best interest.

If you have questions regarding placement and child custody, please call Petit & Dommershausen at (920) 739-9900 for a free consultation with an experienced family law attorney.

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Domestic Violence Restraining Orders

What is a Domestic Violence Restraining Order?

A judge or circuit court commissioner may grant an injunction, also known as a restraining order, that orders a person to refrain from committing acts of domestic abuse against the petitioner, to avoid the petitioner’s residence, or any other location temporarily occupied by the petitioner or both, or other remedies under law.

A Court may grant such an injunction if all of the following occur:1. The petitioner files a petition alleging the necessary elements 2. The petitioner serves upon the respondent a copy or summary of the petition and notice of the time for hearing on the issuance of the injunction, or the respondent serves upon the petitioner notice of the time for hearing on the issuance of the injunction.3. After hearing, the judge or circuit court commissioner finds reasonable grounds to believe that the respondent has engaged in, or based upon prior conduct of the petitioner and the respondent may engage in, domestic abuse of the petitioner.

What is domestic abuse?

Wisconsin Statutes for the Entry of a Domestic Violence Restraining Order provide the following definitions. 

“Domestic abuse” means any of the following engaged in by an adult family member or adult household member against another adult family member or adult household member, by an adult caregiver against an adult who is under the caregiver’s care, by an adult against his or her adult former spouse, by an adult against an adult with whom the individual has or had a dating relationship, or by an adult against an adult with whom the person has a child in common:1. Intentional infliction of physical pain, physical injury or illness.2. Intentional impairment of physical condition.3. A violation of s. 940.225 (1)(2) or (3).4. A violation of s. 940.32.5. A violation of s. 943.01, involving property that belongs to the individual.6. A threat to engage in the conduct under subd. 1.2.3.4., or 5.(b)

“Dating relationship” means a romantic or intimate social relationship between 2 adult individuals but “dating relationship” does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context. A court shall determine if a dating relationship existed by considering the length of the relationship, the type of the relationship, and the frequency of the interaction between the adult individuals involved in the relationship.

“Family member” means a spouse, a parent, a child or a person related by blood or adoption to another person.(c) 

“Household member” means a person currently or formerly residing in a place of abode with another person.(ce) 

“Reasonable grounds” means more likely than not that a specific event has occurred or will occur.(cj) 

Do you need legal assistance with a Domestic Violence Restraining Order?

Attorney Nathan J. Wojan and the rest of the legal team at Petit & Dommershausen is here to help. Call 920-739-9900 for your confidential consultation. We have assisted many people through these difficult proceedings and we can help you.

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Paternity Law In Wisconsin

DECLARATION OF PATERNAL INTEREST

Don’t let your parental rights be terminated without your knowledge!!

Do you believe someone you slept with could be carrying your child?  If so, do you want to be notified if the mom is making the important decision to give the child up for adoption? If the answer is yes, you must file a declaration of paternal interest which can be found at: https://dcf.wisconsin.gov/files/forms/pdf/0019a.pdf

This declaration can be filed as soon as you suspect a child could have been conceived but it must be filed either 1) before the birth of the child  2) within 14 days after the birth of the child or 3) if the possible father receives notice under Wisconsin Statute 48.42(1g)(b) that the mother of a child under the age of one is seeking to voluntarily terminate her parental rights and has identified him as the father. 

If it is not filed, any potential father’s rights could be terminated and the child could be placed for adoption with only a tiny notice published in a local paper!

This filing is confidential and can only be used by children’s court proceedings.

Filing a declaration of paternal interest does not establish parental rights to a child. The potential father will need to take further action to establish and protect his rights and responsibilities as a father!!

Need help?? Contact Petit & Dommershausen today at 920-739-9900!

With three convenient locations in Oshkosh, Appleton and Green Bay. We serve all of Northeast Wisconsin including Outagamie, Winnebago, Waupaca, Calumet, Brown, Oconto, Marinette and Fond du Lac counties.