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My situation is complicated. I took my kids and we drove…

My situation is complicated...

My situation is complicated. I took my kids and we drove from CA to WI because my husband is an alcoholic. He filed for divorce in CA. I have an active domestic abuse restraining order against him.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I have been in WI for only 2 months. I was served with papers from CA about the divorce he had filed.

Lawyer's Assistant: Family law varies by state. What state are you in?

WI

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I will talk to the lawyer about it

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Answered in 3 minutes by:
3/20/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Hello; I am sorry to hear this;

what is your question please?

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Customer reply replied 1 month ago
We have been together since 2014 and was legally married in 2017 in CA. His alcohol addiction got worse. I feared for me and childrens lives so on January 7th, 2018, I drove me and my kids to WI because my family all live in WI. I came to WI and filed for a domestic restraining order against him and was granted a full 10 years. I was just recently served with documents from his attorney for a divorce in CA and have 30 days to respond. How would I respond back if I don't want to physically go back to CA for the divorce and I cannot trust him with the children?
Customer reply replied 1 month ago
We have two children together. On his petition for dissolution of marriage, he wants joint custody. I do not trust him at all to have the kids be with him unless it is supervised visitation only. I can't remember which month it was in 2017 but his sister had asked to loan money from us. The money we loaned to her totaled $20,000 which half of that money is mine. Where would I put in the form if I want to make sure he will pay my money back to me when his sister gives it to him?

Thank you;

so under the Uniforom Child Custody Jurisdiction Enforcement Act, the state with authority to hear child custody disputes ("jurisdiction") is in most cases the child's home state, which is defined as the state where the child has resided for the past 6 months.

However there is an emergency exception clause which allows a parent to challenge that if there is domestic abuse; the relevant WI statute is here:

822.24 Temporary emergency jurisdiction.

(1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

(2) If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under ss. 822.21 to 822.23, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under ss. 822.21 to 822.23. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under ss. 822.21 to 822.23, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.

(3) If a previous child custody determination is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under ss. 822.21 to 822.23, any order issued by a court of this state under this section shall specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under ss. 822.21 to 822.23. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or until the period expires.

(4) A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or that a child custody determination has been made by, a court of a state having jurisdiction under ss. 822.21 to 822.23, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction under ss. 822.21 to 822.23, upon being informed that a child custody proceeding has been commenced in, or that a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

https://docs.legis.wisconsin.gov/statutes/statutes/822/II/24

So essentially the parent may petition the court where the child is currently in and request that they obtain jurisdiction under the UCCJEA's emergency provision; it is possible the court may make emergency orders to safeguard the family, but may transfer jurisdiction for ongoing custody issues to the home state- unless the child remains in the new state.

Please see page 15 et seq here:

http://www.ncjfcj.org/sites/default/files/judicial%20guide_0_0.pdf

That is a judicial guide that explains jurisdiction in such cases.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
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