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Mother wants to move to Texas. We have 50/50 rights

Mother wants to move to Texas with my child. I want my child here. Now I want full/physical placement. Mom has moved more that 10 times in my child's life time.(she is 13). I have sent a letter to object this but what are my chances that I my not win? Or what are my options?

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Attorney answers (2)

Reputation Level 12
You need an attorney asap. If mom has filed a petition to relocate the child out of state, you have a right to object and have the court hear your objection. Wisconsin statutes 767.481 lay out what standards the court must use to grant leave to relocate the child. The primary issue here is the best interests of the child, which is a broad and fact-intensive inquiry. The court presumes that the child's best interests are served with the current placement and custody, and the petitioning parent has to show why relocating the child would be in the child's best interests. You, too, are entitled to explain to the family court why relocating would NOT be in the child's best interests. The court considers a number of things, such as the age of the child, where other family members live, what the child's wishes are (depending on the age of the child) etc.
Get an attorney who can advocate for you.

Reputation Level 8
I agree that you may wish to discuss this with an attorney. Has your daughter's mother provided you written notice of her intent to move? That's the first required step. This is not a quick and easy matter to litigate. I agree with the prior post's information about the fact-intensive inquiry as to what is in the child's best interests. To answer what your chances are is tough. As with most family law issues, the best answer is, "It depends." It really depends on why your ex has moved much, what your situation is, as well as the statutory factors referenced in the prior response. Many attorneys offer free consultations, and this is certainly an issue with which a free consultation could benefit you. If you and your child's mother were divorced, this entire procedure (called "removal") is contained in your final divorce document called "findings of fact, conclusions of law and judgment of divorce." If you do not have a copy handy, you can obtain it from the clerk of courts office. Good luck to you.

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