How can I move out of state?
Watertown, WI
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Posted 2 months ago in Child Custody
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I am engaged to a man who is in the Marines. I have a two year old daughter with my previous husband. We have joint cutsody but I have primary placement. My ex sees her every other saturday night which equals about 24 nights a year. We had a prior placement agreement where he got more time and he changed his mind and decided he needed time to himself and wanted less time with her, so we cahnegd it all legally. My fiance is looking at going to become an officer in the Marines which would make his career in the Marine Corps longer. We woudl like to move to Virginia to be near Quantico where he will be training but I won't leave without my daughter. I'm wondering what my chances will be if I were to ask the court to allow my daughter and I to leave. Iam willing to pay travel espenses
Answers (1)Jane A. Jacobs
This attorney is licensed in Wisconsin.
Posted 2 months ago.
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You need to provide your ex with your written notice of your intent to move out of state. Note -- you can move wherever you want, whenever you want, but moving the child with you is the issue. The entire procedure for this is in your final divorce document called "findings of fact, conclusions of law and judgment of divorce." If you don't have it handy, you can obtain a copy from the clerk of courts office. Generally, you cannot move either 150 miles or out of the state without following the procedures for removal of children. Your ex would have time to object. The thing that you must prove is that it is in the child's best interests to move. Your risk with this type of hearing is that placement could possibly be awarded to your ex too. If the two of you cannot agree, then you will be ordered to attend mediation and if that fails, then a guardian ad litem will be appointed to represent the best interests of the child. What all of that means is that this can be a lengthy process. Make sure not to "put the cart before the horse" by registering her for school or buying a house out there just yet. Good luck!
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