My ex-wife is planning to move out of the country and wants our children to spend summers living with her overseas.
Our divorce was finalized less than one year ago. Can she move out of country and force me to send our children to spend three months of the year with her?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Wisconsin divorce laws where I am licensed to practice.
If your ex-wife intends to move out of the country, she is free to do so. However, she is not able to take the children with her, either for the summers or on a permanent basis, without your consent.
Because your divorce judgment was just recently entered, a higher standard exists that must be proven in order to modify child custody or physical placement.
If your ex-wife wishes to pursue a modification, she must show by substantial evidence that a modification is necessary because the current custodial conditions are physically or emotionally harmful.
The court may modify your placement schedule if it is in the best interests of the children and circumstances make it impractical for the parties to continue to have substantially equal placement.
Though your ex-wife’s move out of country would make it impractical for you to continue to share substantially equal placement this does not necessarily mean that the court would grant her placement with them in a foreign country for the summer.
The court would likely appoint a Guardian ad Litem, an attorney who represents the children’s best interests, to do an investigation of the circumstances and provide a recommendation as to custody and placement based on a number of different factors.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.