What do I need to include in an intent to relocate a child out of state letter? And what happens if ex objects to the move?

Asked almost 2 years ago - Rhinelander, WI

My husband recently joined the Army and we have found out our first duty station, which means we will need to move in the next couple months. I need to write a letter of intent to his ex on his behave in order to move his daughter with. What do I need to include in the letter and if she objects to the move, will she object directly to us or have to file it through the court system, or both? His ex only pays child support when sent to jail and hasn't seen the child in about a year. Also, in the state of WI, is a letter of intent enough or do we need to file anything with the courts as well?

Attorney answers (1)

  1. Teri M. Nelson

    Pro

    Contributor Level 14

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    Answered . The statute (767.481) requires 60 days written notice by certified mail of the intent to move. The notice must include the proposed action, including the specific date and location of the move. You should also state the reason and, although not required, the proposed alternative placement. If she objects, she must notify you and file it with the court system. The court will then order mediation. If she doesn't object, he can move his daughter.

    However, there are certain other rules in place because he is active military. If Mom objects, he should contact his JAG office for advice. He should also retain local counsel. However, if Mom hasn't seen the daughter in a year, it is unlikely that the court would prevent him from moving with his daughter given the circumstances.

    Good luck.

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