Divorce – Physical Placement

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WI Court of Appeals – District IV

Case Name: Amanda Alvarez v. Bobby Joe Veliz

Case No.: 2014AP2254

Officials: Kloppenburg, P.J., Higginbotham, and Blanchard, JJ.

Practice Area: Divorce – Physical Placement

In this post-divorce proceeding, Bobby Veliz had primary physical placement of his minor children when he filed a motion for an order permitting him to move from Wisconsin to the State of Washington and to remove the children from Wisconsin so that they could reside with him in Washington. The children’s mother, Amanda Alvarez, opposed removal of the children from Wisconsin, and separately filed a motion for an order granting her primary physical placement of the children with her in Wisconsin. The circuit court denied Veliz’s motion to remove the children from Wisconsin, and granted Alvarez’s motion for primary physical placement. Veliz appeals both decisions. We conclude that the court correctly analyzed the issues under WIS. STAT. § 767.481(3) (2013-14), rain and, in doing so, properly exercised its discretion. The court determined that, while Veliz’s intent to move himself to Washington was not unreasonable to the extent that it would allow Veliz to pursue his best career options through service in the United States Navy, the removal of the children from Wisconsin to Washington was unreasonable and not in their best interests. Accordingly, we affirm the order of the circuit court.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.