Legal Question in Family Law in Wisconsin

Re: Keeping children out of state

See Wis. Stat. 822.21:

Initial child custody jurisdiction. (1) Except as provided in s. 822.24, a court of this state has jurisdiction to make an initial determination only if any of the following applies:

(a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state.

If Wisconsin is the home state, it remains the home state for purposes of child custody jurisdiction for a period of 6 months from the time the child(ren) are absent from the state, provided one parent is still living in the state.

If the father wants the Wisconsin court to determine custody issues, he should be sure to commence an action for custody (divorce) before the expiration of 6 months from the time that the mother removes the child(ren) from the state.