I want to move out of State with my 5 month old. I have physical custody of her, but the visitation is open.

Asked over 1 year ago - Franklin, WI

He has never seen her or contacted me to see her. Do i need his permission or the courts?

Attorney answers (3)

  1. Nicholas J.B. Pasquale

    Pro

    Contributor Level 12

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    Answered . If a paternity judgment has been issued by a Court in Wisconsin, in all likelihood the judgment awards you with primary physical placement and the father with periods of physical placement at reasonable times and upon reasonable notice. If this is the case, sec. 767.481 details the steps you must take before moving:

    If the court grants periods of physical placement to more than one parent, it shall order a parent with legal custody of and physical placement rights to a child to provide not less than 60 days' written notice to the other parent, with a copy to the court, of his or her intent to:

    1. Establish his or her legal residence with the child at any location outside the state.

    2. Establish his or her legal residence with the child at any location within this state that is at a distance of 150 miles or more from the other parent.

    3. Remove the child from this state for more than 90 consecutive days.

    (b) The parent shall send the notice under par. (a) by certified mail. The notice shall state the parent's proposed action, including the specific date and location of the move or specific beginning and ending dates and location of the removal, and that the other parent may object within the time specified in sub. (2) (a).

    If the father provides a written obejction to the court, a Guaridan ad Litem (attorney for best interests of the child) may be appointed to the case and the Court will schedule the matter for a hearing to determine whether your relocation with the child is in the best interests of the child. Hope this helps!

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  2. Howard M Lewis

    Pro

    Contributor Level 20

    Answered . I am sorry that you are gong through this. If you are divored and were granted sole physical and sole legal custody and there is no discussion on visitation nor is it mentioned you have two options. the first is to move and see if anything happens, if it does you can always make an argument that you have custody or you can file a motion in court seeking removal, but that is going to be expensive and time consuming if he contests it.

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  3. Teri M. Nelson

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Wisconsin has very specific rules about what you need to do in a move situation which Attorney Pasquale lays out for you. Basically, you need to provide 60 days written notice which can simply be a letter. He has 15 days to object. Chances are he will not object and then you are free to move. If he does, however, then you need permission from the court. Good luck.

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