Legal Question in Family Law in Wisconsin

Taking children without permission

My 12 year old son went with step father hunting in Montana for 10 days and I didn't know anything about until I was picking up other kids doesn't she need my permission ? I have joint custody of my childrren.


Asked on 11/09/07, 10:21 pm

1 Answer from Attorneys

Jeffrey Murrell Law Office of Jeffrey L. Murrell

Re: Taking children without permission

The law only requires that you be given notice of the other parent's intent to remove the child from the state if it is for a period longer than 90 consecutive days.

Wis. Stat. sec, 938.31(1)(b) provides:

"Except as provided under chs. 48 and 938, whoever intentionally causes a child to leave, takes a child away or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of the custodian is guilty of a Class F felony. This paragraph is not applicable if the court has entered an order authorizing the person to so take or withhold the child. The fact that joint legal custody has been awarded to both parents by a court does not preclude a court from finding that one parent has committed a violation of this paragraph."

But that would seem not to apply here, since it was ten hours, apparently within the court-ordered allotment of visitation to him.

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Answered on 11/10/07, 12:50 pm


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