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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I was divorced in WI and a few years after the divorce I was

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I was divorced in WI and a few years after the divorce I was permitted to move to western South Dakota. I just graduated from a nursing program in South Dakota and want to move to Nevada to be with my current husband. I do not have a job yet, but an interview scheduled in NV, and my husband has a home set-up. I wrote both my ex and the courts when it became clear in early July I would not get a job in SD before my girls came back to me in SD after summer visitation with the bio-dad. I was informed through the court that my ex is opposing my move to NV from SD, and is seeking custody of the children unless I move back to where he resides.

My question is if WI courts have juristicion over my move with the kids since it doesn't change the placement schedule with him at all, and I have been a resident of South Dakota for two years with my kids? The kids spend a month-and-a-half with him in the summer months. I understand custody may be a seperate issue, by can WI tell me that I cannot move from South Dakota to Nevada, or would that be the South Dakota courts?

Thank you for your question. Please permit me to assist you with your concerns.

Wisconsin continues to have jurisdiction over this matter since they are the ones who put the decree in place. For Wisconsin to no longer have jurisdiction, you would have to file in South Dakota and file for a change of venue. The other parent would be able to contest the petition. So far, however, if the venue was not change, Wisconsin by virtue of placing the decree in place does have the right to control relocation and consequently tell you whether or not you can move. It would not be SD courts unless you already removed the case over under their jurisdiction.

Good luck.

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