Who will have custody of our children if I file for divorce? 2 Answers as of March 01, 2011

My wife is having an affair. If I tell her I want a divorce and want her to leave can I keep our kids, or does she have the right to take them?

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Rhonda R. Werner Schultz, PL
Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
You and your Wife have equal legal rights to your children upon filing for divorce. Unless there is a court order stating that one or the other of you cannot see your children, you both have the right to see them whenever you want. You can keep them and she can come and pick them up whenever she desires. Until you agree on a parenting arrangement or a judge orders a specific schedule, you both have equal rights to your children.
Answer Applies to: Wisconsin
Replied: 3/1/2011
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