Custody & Kidnapping

THIS IS WHAT I WROTE FOR WISCONSIN - PLEASE AMEND IT TO MATCH YOUR STATE, LOOKING UP THE AGE OF MAJORITY IN THAT STATE, THE AGE OF EMANCIPATION, ETC.

The law in Wisconsin says that the court can make a custody determination over a “minor child” - see here, an excerpt from section 767.41 of the Wisconsin Statutes:
(b) In rendering a judgment of annulment, divorce, legal separation, or paternity, or in rendering a judgment in an action under s. 767.001(1)(e), 767.501, or 767.805(3), the court shall make such provisions as it deems just and reasonable concerning the legal custody and physical placement of any minor child of the parties, as provided in this section.
You can find the statute in its entirety on our website here: http://womenslaw.org/statutes_detail.php?statute_id=6646

In general, custody and visitation orders last until a child reaches the age of majority, which is generally 18. Once the child reaches the age of majority, the courts may not have power to make decisions regarding the child.  However, I found this information on the Wisconsin Association for Homeless and Runaway Services website (http://www.wahrs.org/) that says that if a child is still in high school, s/he reaches the age of majority at 19 or later:

“In Wisconsin, a child becomes legally emancipated at the age of 18. If the child is still enrolled in high school, he becomes a legal adult when he turns 19 or graduates, whichever comes first. Emancipation provides children the rights to take care of themselves without the legal supervision of their parents.”  See here: http://www.wahrs.org/resourcesAssets/emancipation2014.pdf

We are not affiliated with that website and cannot vouch for the information contained within it.

However, Marie, to be sure that you don’t unintentionally violate the court order, which could have the penalties of being held in contempt, you may want to touch base with a Wisconsin attorney who specializes in custody.  An attorney can tell you if your son can stop visits at 18 even if he is still in high school. As I said, I am not specifically familiar with Wisconsin laws. Here is a link for lawyers, some of which are free or low-cost:http://www.womenslaw.org//gethelp_state_type.php?type_id=1709&state_code…  If you can’t get free legal help, you can get a consultation for $20 through the Bar Association where you can hopefully get your question answered:
http://www.womenslaw.org//gethelp_state_type.php?type_id=1711&state_code…