Question:
My wife has sole legal and physical custody. During my weekends with the kids, can she stop me from taking them four hours away to visit their grandparents? What could she do if I did it anyway?
Answer:
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips on your situation.
Whether you are prohibited from taking your children more than four hours away is likely governed by whatever court orders are in place governing your custody and placement and possibly by more general laws of your state.
If your court orders do not say that you are prohibited from taking the children more than four hours away, then it’s likely that you can do so, but again, your state may have a more general prohibition against a parent who does not have legal custody from taking children more than four hours away.
You should consult with a domestic litigation in your area to determine whether there is a prohibition against this.
If there is a legitimate prohibition against you taking the children four hours away, and you do so anyway, your ex-wife could bring an action against you in court based on your violation of a court order or state law. If that occurs, and the court finds that you’ve violated a court order or state law, there may be repercussions such as loss of placement time, monetary sanctions, and possibly even jail time.
A domestic litigation attorney in your area can review the court orders in your case and inform of state laws so that you can ensure you are not putting yourself in a bad position by traveling with your kids.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Wisconsin divorce lawyer Anne Scipior, contact Cordell & Cordell.
