Jurisdiction with a child under 1yr

[Steve.Premiere]

What is the name of your state (only U.S. law)? MD and WI

Unwed father and mother lived in MD for 7+ months after child was born. Father persuaded mother to move back to Wisc. where he was from...... Soon after arrival there(under 3months) father and mother split and immediately father served custody papers. Mother intends to return to MD to live and raise child. Can Wisc. courts order her to stay in Wisc. to raise child?

 

[Hisbabygirl77]

What is the name of your state (only U.S. law)? MD and WI

Unwed father and mother lived in MD for 7+ months after child was born. Father persuaded mother to move back to Wisc. where he was from...... Soon after arrival there(under 3months) father and mother split and immediately father served custody papers. Mother intends to return to MD to live and raise child. Can Wisc. courts order her to stay in Wisc. to raise child?

Actually I believe that MD would be where papers would need to be filed since residency hasnt been fulfilled in wisconsin. But she needs to get her butt back to MD and file before residency is established in Wisconsin and then she needs to respond to what her ex filed in wisconsin letting them know that MD has residency and she is handling it through MD courts. Wait for others to confirm though just in case I am incorrect.

 

[mom482]

they can't force an adult to stay in the state. they will determine whether the child has to stay in the state though, in effect giving dad custody if mom chooses to leave. HOWEVER - they will not take the child from her or prevent the child from moving back to MD if that is where mom is from and it makes sense for the mother to be there (job/family/etc) vs her going there just to create distance between dad. that's what happens when you have relationships w/ out of staters. when things go bad its natural for them to 'go home' - you can't expect her to be away from her family and such just because she had a baby and split up.

 

[Proserpina]

they can't force an adult to stay in the state. they will determine whether the child has to stay in the state though, in effect giving dad custody if mom chooses to leave. HOWEVER - they will not take the child from her or prevent the child from moving back to MD if that is where mom is from and it makes sense for the mother to be there (job/family/etc) vs her going there just to create distance between dad. that's what happens when you have relationships w/ out of staters. when things go bad its natural for them to 'go home' - you can't expect her to be away from her family and such just because she had a baby and split up.

Why on earth not?! If Mom chooses to have a child with someone and chooses to move out of state to be with Dad and then it all goes to rot, why is Mom's need/desire to be back with her family more important than Dad's parental rights?

 

[AngelaAZ]

they can't force an adult to stay in the state. they will determine whether the child has to stay in the state though, in effect giving dad custody if mom chooses to leave. HOWEVER - they will not take the child from her or prevent the child from moving back to MD if that is where mom is from and it makes sense for the mother to be there (job/family/etc) vs her going there just to create distance between dad. that's what happens when you have relationships w/ out of staters. when things go bad its natural for them to 'go home' - you can't expect her to be away from her family and such just because she had a baby and split up.

I reside in Arizona. I have absolutely no family here. I'm staying here for the sake of my children as their father resides here. I don't have any intention of moving away though I'm homesick and miss my family. I'm an adult and my family is a plane ride away. Kids need two parents. What kind of parent wouldn't sacrifice for their child?

 

[CJane]

If the BABY lived in WI for more than 6 months, and it certainly looks as if that's the case... then residency IS in Wisconsin and it is proper venue for the associated hearings, etc.

Mom/Baby could very well be "stuck" in WI.

 

[Ronin]

OP states baby lived in MD for 7 months, moved to WI for 3 months, and is now planning to return to MD.

Dad filed suit in WI. Mom should promptly respond to this suit and challenge the venue. Wisconsin should not be able to exercise jurisdiction over this child.

If mom does move back to MD very soon, Dad should be filing suit in a MD court.

 

[wileybunch]

they can't force an adult to stay in the state. they will determine whether the child has to stay in the state though, in effect giving dad custody if mom chooses to leave. HOWEVER - they will not take the child from her or prevent the child from moving back to MD if that is where mom is from and it makes sense for the mother to be there (job/family/etc) vs her going there just to create distance between dad. that's what happens when you have relationships w/ out of staters. when things go bad its natural for them to 'go home' - you can't expect her to be away from her family and such just because she had a baby and split up.

Bold = Legal answer.

Underlined = Nonsense garbage that mom482 needs to stop injecting because she is misleading posters that don't know any better (like she doesn't).


mom482, stop posting.

 

[Ohiogal]

OP states baby lived in MD for 7 months, moved to WI for 3 months, and is now planning to return to MD.

Dad filed suit in WI. Mom should promptly respond to this suit and challenge the venue. Wisconsin should not be able to exercise jurisdiction over this child.

If mom does move back to MD very soon, Dad should be filing suit in a MD court.

Agreed with the above. Unless it has been 3 months since dad served the papers to mom. We don't know HOW LONG AGO mom was served. We just know she was served after being there only three months. Also we don't know if mom responded properly and objected to jurisdiction or if she has accepted jurisdiction in WI.

As for mom482, you are wrong. Wiley broke your post down properly. QUIT POSTING BS or you will disappear.

 

[Steve.Premiere]

Thanking for the help

Thanks to all for the information. We have hired an attorney in Wisc. to fight the jurisdiction issue. It has only been 3+ weeks since she was served. Now we find out more info to add fuel to our fire to support her and get them back to MD. Boyfriend physically assaulted her over their relationship. Alcohol a major factor...... all complicating issues. If anyone can quote me some WI law, statute, or case that I could use to help the attorney get this crap thrown out..... I would appreciate it. I feel helpless to protect my daughter and grandson from him and his violence..... unless she is here under my roof. The Commisioners order won't allow her to leave the state......!!!!!!

 

[Ronin]

If you have a good attorney, the attorney will not need any 'help' having this case dismissed in WI based upon the jurisdictional issues alone.

 

[LdiJ]

Why on earth not?! If Mom chooses to have a child with someone and chooses to move out of state to be with Dad and then it all goes to rot, why is Mom's need/desire to be back with her family more important than Dad's parental rights?

In this particular instance, its because mom and the child were not in WI long enough to establish residency.

However, mom needs an attorney in WI to get the WI case dismissed.

 

[Ronin]

They indicated they have hired an attorney in WI