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

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. Best answer

    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!

    My answer does not make me your attorney or create a former-client/current-client relationship with you. I encourage you to speak with an attorney before acting upon any of the statements I make. If you would like to speak with me further about your issue, please schedule a free initial consultation (in person or over the phone) by calling my office at (920) 459-8490, or by emailing me at You can also visit for more information.

  2. 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.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

  3. 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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