Siemering v. Siemering
If no jurisdiction existed due to lack of residency at time of commencement, defect cannot be corrected by amending at a later date when residency requirement is fulfilled.
Artis-Wergin v. Artis-Wergin
(1) Finding of residency affirmed based upon statement that wife intended to make Wisconsin her permanent residence, filed tax returns, maintained a Wisconsin driver’s license and bank accounts.
Bank of Two Rivers v. Zimmer
Failure to respond constitutes admission of all material facts, even if they were denied in the pleadings. The request need not be limited to facts, but may seek opinions of facts or of application of law to facts.
Kettner v. Milwaukee Mut. Ins.
Value of claim is not subject to request for admission.
Articles on Removal of Children and Divorce
Articles from scholarly/legal journals on removal of a child and divorce.
Marriage of Long v. Long
A finding that a removal is against the child’s best interests must rest on more than a determination that removal will in some way change the visitation arrangements or change the child’s relationship with the noncustodial parent. The court must make a finding that removal will significantly harm or impede the child’s relationship with the noncustodial parent and that this harm will work to the child’s detriment.
In Re Marriage of Bohms v. Bohms
Move out of state should be decided under new law.
In Re Marriage of Kerkvliet v. Kerkvliet
Removal statute is directed to determine whether physical placement should be transferred – not whether custodial parent has right to move.
In Re Marriage of Hughes v. Hughes
Trial court properly applied ยง767.325 where mother brought removal action and father countered with motion to change placement. Once father filed a motion to modify placement based on circumstances other than the move, the court can consider all relevant circumstances, including but limited to the move in deciding whether to modify placement.
In Re the Paternity of Kaila K.K.-E.
The removal statute does not apply in paternity actions. (Not Published; Cannot Be Cited.)