Full question:
I caught my wife in an emotional affair two weeks ago. She ended up moving out to her mom's house which is over an hour away. My daughter had been staying there the weekend I found out since I had drills for the National Guard and my wife had to work that weekend. After I found out all the details I was willing to work things out between us more for the reason our three year old daughter was hurting and confused by the situation. Now since that she left she is using the excuse that people move. I understand that people move but my daughter's life for the last two years has been here in the town we live in. I don't believe it's fair to take her away from her life due to my wife's actions. I have given her so many chances to spend time with me and my daughter so she can see that we can get along. More less I feel that would be a good coping mechanism for my daughter right now but she always has excuses. I currently have my daughter to Monday. It took me hours trying to convince her that I have rights to my daughter just like my wife does. I am hurting here for my daughter. I don't want to give her back now because I feel that her life is here. She should not be punished for her choices. Any suggestions? Do I have to give her back? We currently do not have any custody order in effect.
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Wisconsin
Answer:
In general, both biological parents have rights regarding their children, including decisions about education and health care, as long as they are listed on the child's birth certificate. When parents are married, they do not need a legal order to make these decisions. However, if there is a disagreement, a court can step in to resolve custody issues, typically outlined in a separation agreement or custody order during divorce proceedings.
If one parent wishes to move away after a separation, the other parent can object. A parent with physical custody can relocate unless a court order prevents it, and the move is not intended to deprive the other parent of access to the child. If the non-custodial parent protests, the court will consider various factors, such as:
- Whether the move benefits the child's education or community.
- The motive behind the move and whether it aims to harm the other parent.
- Whether the non-custodial parent can maintain significant contact with the child.
- The nature of the non-custodial parent's relationship with the child.
- The impact on the child's relationships with extended family and community.
The court's primary concern is the child's best interest, especially if the child is already confused by the situation. If you believe your daughter's life is better here, it may be worth discussing custody arrangements formally. Without a custody order, you may have to return your daughter, but you can seek legal advice to explore your options.
In Wisconsin, interference with custody can lead to legal consequences, including felony charges if one parent withholds a child from the other without consent (Wis. Stat. § 948.31). It’s advisable to consult with a family law attorney to understand your rights and options better.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.