Asked in Child Custody, Divorce and Family Law for Wisconsin

Q: I and my husband divorced. Him and I made a agreement that we will have the kids one week on one week off....

Him and I talked about me moving out of town . When it came time and I moved he got upset and is now taking me to court.... What can I do.

1 Lawyer Answer
Michael Edwards
Michael Edwards
Answered
  • Divorce Lawyer
  • Fond du Lac, WI
  • Licensed in Wisconsin

A: It depends on if this agreement on placement was part of the initial divorce proceeding. In other words, if you incorporated this agreement in writing as part of the divorce proceedings and the court accepted this, then it is a court order and he is obliged to follow it. However, if for some reason he decides that he does not like this arrangement anymore, he can go to court to request a post judgment modification of that order. That does not necessarily mean he will get what he wants in his motion but if this is the case, it is best to show up to court to tell them why there is no legitimate reason as to why he should get any of the changes he is asking for.

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