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Can I change the Jurisdiction to Wi where we all live

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hawaiiandavis

Junior Member
jurisdiction in MN. I have children 1 hour away in Wi as approved by decree.
After divorce final father has volatile to no contact with children. He Moved 4 more hours away (within same state (MN) but out of juridicting county) without my consent. We were granted 50/50 custody/joint but he doesnt even call anymore. Can i change the juridiction to Wi so I can take care of matters here... where all three kids and myself live along with all other family?
We were married in Wisconsin and all the kids were born in wisconsin but moved to MN for 5 years before divorce.
 


LdiJ

Senior Member
jurisdiction in MN. I have children 1 hour away in Wi as approved by decree.
After divorce final father has volatile to no contact with children. He Moved 4 more hours away (within same state (MN) but out of juridicting county) without my consent. We were granted 50/50 custody/joint but he doesnt even call anymore. Can i change the juridiction to Wi so I can take care of matters here... where all three kids and myself live along with all other family?
We were married in Wisconsin and all the kids were born in wisconsin but moved to MN for 5 years before divorce.
How long have you lived in WI, and how long has it been since dad has seen the kids?
 

mistoffolees

Senior Member
jurisdiction in MN. I have children 1 hour away in Wi as approved by decree.
After divorce final father has volatile to no contact with children. He Moved 4 more hours away (within same state (MN) but out of juridicting county) without my consent. We were granted 50/50 custody/joint but he doesnt even call anymore. Can i change the juridiction to Wi so I can take care of matters here... where all three kids and myself live along with all other family?
We were married in Wisconsin and all the kids were born in wisconsin but moved to MN for 5 years before divorce.
As I understand it, you got the divorce in MN and the court allowed you to move to WI but still gave Dad 50:50 even though you were an hour apart. Right? That's a really unusual order, btw.

You can't force Dad to exercise his visitation. it is unusual for someone who has 50:50 to not see the kids, but that's his right.

In general, MN will retain jurisdiction as long as either parent lives there. There are two exceptions. First is if you both agree to transfer jurisdiction, the courts can do it. The second is if it's an inconvenient forum. However, since it's only an hour and since you were already allowed to move to WI in the original order, that's going to be a hard argument to make. So moving jurisdiction might be a problem - perhaps a big one.

The bigger questions is 'what do you hope to accomplish'? Why would moving it to WI make any difference (other than a couple of hours of driving on rare occasions)? If you're simply looking to change custody and visitation to better reflect today's reality, it's probably easier to do that where the original order was issued. Or, since Dad isn't seeing the kids much at all, you could simply leave things they way they are and not rock the boat. So what do you hope to gain?
 

hawaiiandavis

Junior Member
i want to accomplish:::: his child support is bsed on 10-49 percent custody... since that was established he has less than 1 percent so instead of paying 1000.00 per month for 3 children he doesnt support the child support would increase. Also he lies about his income and he makes 100000.00 per year and lives a high lifestyle. Also and most importantly He relocated an additional 4 hours from legal jurisdiction although it is in the same state... different county. i want jurisdiction to change to wi where we all live not in a county where we finished our mairrage and have no ties to...
 

stealth2

Under the Radar Member
i want to accomplish:::: his child support is bsed on 10-49 percent custody... since that was established he has less than 1 percent so instead of paying 1000.00 per month for 3 children he doesnt support the child support would increase. Also he lies about his income and he makes 100000.00 per year and lives a high lifestyle. Also and most importantly He relocated an additional 4 hours from legal jurisdiction although it is in the same state... different county. i want jurisdiction to change to wi where we all live not in a county where we finished our mairrage and have no ties to...
While he may have moved to a different *venue*, he remains within the *jurisdiction* of MN. There is a difference.
 

mistoffolees

Senior Member
i want to accomplish:::: his child support is bsed on 10-49 percent custody... since that was established he has less than 1 percent so instead of paying 1000.00 per month for 3 children he doesnt support the child support would increase. Also he lies about his income and he makes 100000.00 per year and lives a high lifestyle. Also and most importantly He relocated an additional 4 hours from legal jurisdiction although it is in the same state... different county. i want jurisdiction to change to wi where we all live not in a county where we finished our mairrage and have no ties to...
You don't need to move jurisdiction to WI to make that happen. You can file for a change of custody in MN and ask for custody to reflect the current reality - and for child support to be adjusted accordingly. Or, you could simply contact CSE to ask if you can have child support re-calculated based on the fact that you have 99% of the child's time.
 

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