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There is something you might be able to do butI don't think it's realistic to do it without hiring an attorney. The issue that could help you win, is whether Wisonsin still has the legal right (jurisdiction) to make decisions about custody and visitation with your daughters. The laws about which state has the right to do so are very complex. Ultimately, however, it says that once all the parties and the children stop living in a state, that state lacks further jurisdiction
to make decisions about custody and visitation. You would need to file a motion in Wisconsin challenging jurisdiction and preferably, you would file a modification case in Minnesota.
The law that addresses which court makes decisions about the children is called the Uniform Child Custody Jurisdiction and Enforcement Act.
The Wisconsin UCCJEA is codified at Wisconsin Statute 822.1. The Minnesota law is at
The Minnesota statute is 518d.101.
If you can prove that Wisconsin no longer has jurisdiction, the Wisconsin orders will have to be dismissed and the case will be litigated in Minnesota.
Is there anything else I can answer for you?
Thank you very much, sir! I'll be darned if I didn't do something right for a change! That is exactly what I have done, filed in MN court, registered old decree and waiting to file custody paperwork as soon as they open tomorrow.
But back to my first question, she brought the case and the judge ruled on something that was already settled in another court. She and the judge can't use any of that, can they? I was not prepared to have to tackle that issue again and didn't have the evidence with me as I thought the matter was done.
You're right again that the Court is not allowed to re-decide what has already been decided by another court. That legal concept is called collateral estoppel.
Where the laws of the two states are not identical, the issues before each court may be different and collateral estoppel would not apply. But, if it truly is the exact same set of facts, collateral estoppel should apply and those facts should not be relitigated. Still, none of this is relevant if Wisconsin had no jurisdiction to issue the order in the first place. You should ask each court to hold a UCCJEA conference to discuss which state has jurisdiction. You should also file a brief in each court explaining why M
Minnesota and not Wisconsin has jurisdiction. You probably need an attorney to help you write that brief.
Hey, thank you!! Yes, I definitely need one... That was another issue across the border... They had done consults with every decent firm that I couldn't get anyone... and it came down to studying law or trying to find someone... I figured the latter would probably be my best option since I could use the info going forward but it really hurt me initially... Lesson learned. I suppose, looking backwards, i'd probably be in the same spot with this judge... But an extra $50-75K would be out the door. Which gets tough with terminal cancer and wanting my kids to have something left over... I sincerely XXXXX XXXXX help, it gives me more clarity and more of that, goes a long ways. Thanks Again
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