I have primary placement of my minor child and his father has reasonable placement upon reasonable request, I am currently looking at trying to move over the allocated 150 miles and am wondering if I still need to follow the traditional 60 day written notice to both the clerk of courts and non-custodial parent, etc. that is followed under a joint custody ruling. I just want to make sure this is one right!!
If this is a Wisconsin family law, and you are planning to move, you are required to provide 60 days advance written notice to the other parent and to the court by certified mail of your intention to move away, including all of the details of the proposed move, where, when, why, and that the move is intended to be permanent. Further, you must provide the other parent notice of their right to object within 15 days. If they object, you cannot move until the court holds a hearing to determine if the move should be allowed or not. The court will usually hold an expedited court hearing and appoint a guardian ad litem to advocate for the minor children.
Yes, you are still obligated to provide this notice. even if he has only reasonable periods of placement upon reasonable notice. If he objects, you will need to mediate an agreement as to what schedule may be equitable in light of the move. If you can not reach an agreement, the court's decision will most heavily rely upon how often he took placement of your child. The goal will be to maintain the comparable amount of time despite the move. Also, his support obligation will likely be reduced to accommodate for his additional travel costs incurred for the additional travel to take his periods of placement because of the move.
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