Venue- Where to do I file?
Working here on the border, we often have questions come up as to where a case can/should be heard, Wisconsin vs. Minnesota. There are some attorneys here in Hudson that work on both sides of the border, but at Nelson & Lindquist, S.C. we only handle cases in Wisconsin. You have to be a resident of the State of Wisconsin for more than 6 months and the county in which you want to file for more than 30 days before you can commence a family law action here. However, if you previously had a family law action involving the same parties and/or child in another state or county, that is where you need to file for a change in the current order.
Where to have your case heard
Because of how mobile we as a nation have become, the Courts have determined that where the child resides or where an initial action began is the child’s home state and will remain so until the parties all agree and another court will take on the action. This is helpful for the parent who remains in WI if the other party moves away with the child, because any further action involving the child will always have to be heard in the same Court here in WI as long as one party is here or until all parties agree to move it elsewhere. This is important because all matters involving children are fluid and can be heard by the Court to change current Orders every two years and because of that the Courts want to be consistent with the Orders they have in place. By keeping the matter in the same Court, with the same judge in most cases, you are able to have some consistency with your Orders and do not have to keep going over the history of your case at every filing, thereby expediting the process a little.
If you are currently in transition and don’t know where to file, give us a call and we can help you figure that out. If you have options available to you because of where the other party lives or where you plan to move to, it is best to consult with an attorney before filing anything. Sometimes where you are located can be of great advantage to you and when you are talking about the future of your children, you should use every advantage you have. Give us a call today.