Legal Question in Family Law in Wisconsin

Child Custoday

I am married and my husband is in the Army. However he is not the biological father of my daughter. Her biological father has not supported her or taken care of her since she was born. We have not gone to court for anything. Can I legally move to where my husband is stationed without my daughter's biological father's consent and without going to court?


Asked on 6/27/07, 2:48 pm

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: Child Custoday

You do not say whether or not you have sole custody of your daughter and/or whether there are any provisions in any court order or judgment that give the biological father placement or visitation rights. If you have sole custody and he has no placement/visitation rights, I see no reason you cannot go so far as the biological father is concerned.

However there could still be issues with visas, passports and the US Army that you need to explore and you should inquire what kinds of documentation you need in order for her to go with you.

So while there may be no legal reason that you cannot go, don't take that for granted. You might find out, for example, that you will need to get a court order confirming everything anyway as a condition of travel or entry into a foreign country. (Bureaucracies are wonderful)

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Answered on 6/27/07, 4:11 pm


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