My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.
Legally, if there is not a custody order in place, either parent may move with the children, even if it means crossing state lines. Parental kidnapping
laws do not apply where there is no court order granting one parent custody over the other.
She is not permitted to file for divorce
in Indiana unless she has been living there for at least 6 months. That means that you would have the option of filing for divorce in Wisconsin, and including a request for a Temporary Order
granting you custody of the children while the divorce is pending. You would also be able to ask the judge to order that the two of you go to counseling as part of the process; however, he has discretion to deny the request if one of the spouses is determined that counseling will not save the marriage
In deciding custody, what the judge is looking for is what is in the best interests of the children. That is based on a variety of factors, including your age and health, your ability to support children, your ability to parent, your relationship with the children, the child's wishes (weighted depending on age), the living situation in each place, schools, whether either of you has a history of child abuse, drug or alcohol abuse or a violent criminal history, and whatever other information the judge finds relevant. The fact that she picked up and moved the children out of state without consulting you actually weighs against her.
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